CHARTER 


RAILROAD  COMPANY, 

TEREE  HAUTE  &  ALTON  RAILROAD  COMPANY, 

BELLEVILLE  &  ILLINOISTOWN  RAILROAD  COMPANY, 

WITH  TIIK  SEVERAL  AMENDMENTS  THERETO, 


A  ND     TIIK 


GENERAL  RAILROAD  LAW 


STATE   OF   ILLINOIS. 


ST.     J^  O  U  1  IS  : 

K.  P.  8TUDLEY  AND  CO.,  PK1NTEKS,  HINDERS  AND  LITIIOOKAFIIKK6,  S.  \V.  O.OI4.  MATN  AND  OI.IVK.  STS. 

1  8  6  3  . 


CHARTER 


TERRB  HAUTE  &  ALTON  RAILROAD  COMPANY, 

BELLEVILLE  &  ILLINOISTOWN  RAILROAD  COMPANY, 

WITH  THE  SEVERAL  AMENDMENTS  THEKETO, 


AND    THE 


GENERAL  RAILROAD  LAW 


STATE   OF  ILLINOIS. 


ST.    LOUIS: 

B.  P.  8TUDLBT  AND  CO.,  PRINTERS,  B1NDKBS  AND  LITHOGKAPHKR8,  8.  W.  COB.  MAIN  AND  OLIVE  ST8. 

1863. 


CONTENTS. 


PAGB 

Charter  of  the  Terre  Haute  and  Alton  Railroad  Company,  in  Illinois,  Jan- 
uary 28,  1851 3 

Charter  of  the  Terre  Haute  and  Alton  Eailroad  Company,  in  Indiana,  Feb- 
ruary 11,  1851, 6 

Extract  from  Act  of  February  12,  1851,  repealing  virtually  part  of  section  14 

of  General  Railroad  Law,  as  to  the  liability  of  Stockholders, 8 

Amendments  to  Charter,  passed  February  12,  1853, 8 

28,  1854, 9 

Act  authorizing  arrangements  with  the  Belleville  and  Illinoistown  Railroad 

Company,  and  the  Chicago,  Alton  and  St.  Louis  Railroad  Company,...  10 

Charter  of  the  Belleville  and  Illinoistown  Railroad  Company, 13 

Charter  of  the  St.  Louis,  Alton  and  Terre  Haute  Railroad  Company,  in  Illi- 
nois, February  18,  1861, 22 

Charter  of  the  St.  Louis,  Alton  and  Terre  Haute  Railroad  Company,  in  In- 
diana, March  5,  1861 29 

Act  authorizing  the  St.  Louis,  Alton  and  Terre  Haute  Railroad  Company  to 

form  a  connection  with  the  Illinois  Central  Railroad,  February  13, 1863,  34 
Act  authorizing  the  St.  Louis,  Alton  and  Terre  Haute  Railroad  Company  to 

form  a  connection  with  the  "Wabash  Valley  Railroad,  February  20, 1863,  35 
Certificate  of  incorporation  of  the  St.  Louis,  Alton  and  Terre  Haute  Railroad 

Company,  State  of  Illinois,  June  4,  1863, 36 

General  Railroad  Law  of  Illinois, 38 

Act  supplemental  to  the  General  Railroad  Law  of  Illinois,  November  6,  1849,  56 

Act  to  enable  Railroad  Companies  to  consolidate  their  stock,  February  28,  '54,  58 

Act  to  facilitate  the  construction  of  Railroads, 61 

Act  to  enable  Railroad  Companies  to  enter  into  operative  contracts,  and  to 

borrow  money,  February  12,  1855, 62 

Act  to  provide  for  a  general  system  of  Railroad  Incorporations, 63 

Law  relative  to  Right  of  Way,  June  22,  1852 64 


SPECIAL  CHARTER— ILLINOIS. 


AN  ACT 

To  Incorporate  the  Terre  Haute  and  Alton  Railroad  Company. 

SECTION  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois,  incorpora- 
represented  in  the  General  Assembly,  That  Robert  Smith,  Cyras 
Edwards,  Sirneon  Ryder,  Samuel  Wade,  Thomas  G.  Hawley,  Rob- 
ert Ferguson,  Philander  C.  Huggins,  John  S.  Hayward,  Joseph  T. 
Eccles,  George  Burnap,  Thomas  Phillips,  Thomas  A.  Gray,  William 
Wood,  William  F.  Thornton,  Joseph  L.  Dexter,  John  D.  Bruster, 
Joseph  Oliver,  John  Ward,  John  Small,  Byrd  Munroe,  Hezekiah  J. 
Ashmore,  John  M.  Eastin,  James  Cunningham,  Ebenezer  Noyes, 
Isaac  Sanford,  Richard  B.  Sutherland,  Alanson  Baldwin,  George 
Redman,  and  all  other  persons  who  have  or  may  become  stock- 
holders in  the  capital  stock  of  the  corporation  hereinafter  mentioned, 
in  conformity  with  the  provisions  of  "  An  act  to  provide  for  a  gen- 
eral system  of  railroad  incorporations,"  enacted  by  the  General 
Assembly  of  the  State  of  Illinois,  and  approved  November  5th, 
1849,  and  to  the  provisions  of  this  act,  they  and  their  associates, 
successors  and  assigns,  shall  be  and  are  hereby  created  a  body  poli- 
tic and  corporate,  by  the  name  of  "  THE  TERRE  HAUTE  AND  ALTON  Name. 
RAILROAD  COMPANY  ;"  and  by  that  name  they  and  their  successors 
and  assigns  shall  and  may  continue  for  the  term  of  fifty  years,  from 
and  after  the  passage  of  this  act;  and  are  hereby  authorized  and  Authority  to 
empowered  to  construct  and  complete,  and  during  its  existence,  to  road!™ 
maintain  and  continue  a  railroad,  with  a  single  or  double  track,  and 
with  all  such  appendages  as  may  be  necessary  for  the  convenient 
use  of  the  same,  commencing  at  a  point  on  the  State  line,  between 
the  States  of  Indiana  and  Illinois,  in  a  direction  from  Terre  Haute, 
Indiana ;  thence  to  Paris,  in  Edgar  county ;  thence  to  Charleston, 
in  Coles  county ;  thence  to  Shelbyville,  in  Shelby  county  ;  thence 
to  Hillsboro,  in  Montgomery  county;  thence  to  Bunkerhill,  in 


4  RAILKOAD   LAWS. 

Macoupin  county ;  and  thence  to  Alton,  on  the  Mississippi  river,  in 
the  State  of  Illinois. 

Capital  SEC.  2.  The  capital  stock  in  said  company  shall  consist  of  two 

millions  of  dollars,  to  be  divided  into  shares  of  fifty  dollars  each,  as 
fixed  in  the  articles  of  association,  formed  and  adopted  at  a  conven- 
tion of  the  stockholders  of  said  company,  held  at  Paris,  in  Edgar 
county,  in  the  State  of  Illinois,  on  the  3d  day  of  June,  A.  D.  1850, 
and  filed  with  the  Secretary  of  State,  on  the  15th  day  of  January, 
A.  D.  1851. 

TO  op«n  SEC.  3.  The  corporation  shall  cause  books  to  be  opened  for  sub- 
scription to  the  capital  stock,  at  such  times  and  places  as  they  may 
choose,  and  shall  give  at  least  thirty  days  notice  thereof,  by  pub- 
lication in  a  newspaper  published  in  the  town  or  city  where  said 
books  may  be  opened ;  and  if  there  be  no  newspaper  published 
therein,  then  in  the  nearest  newspaper  thereto. 

Sutwcrip-  SEC.  4.  It  shall  be  lawful  for  all  persons  of  lawful  age,  or  for  the 
agent  of  any  corporate  body,  or  agent  of  any  State,  or  of  the  United 
States,  duly  authorized  in  behalf  of  the  same,  to  subscribe  to  any 
amount  of  capital  stock :  Provided,  That  the  directors  of  said  cor- 
poration may,  at  their  discretion,  limit  the  amount  of  stock  that  any 
person,  corporation  or  any  agent  may  subscribe  in  their  own  name, 
or  in  the  name  of  any  other  person. 

Payments        SEC.  5.   The  corporation  may  require  each  subscriber  to  pay  an 

!ng.su  '  "  amount  at  the  time  of  subscribing,  not  exceeding  five  dollars  on 
each  share,  as  shall  be  thought  proper:  Provided,  That  due  notice 
shall  be  given  thereof,  before  the  opening  of  the  books  as  aforesaid. 

Thirteen  di-     SEC.  6.   As  soon  as  five  hundred  thousand  dollars  of  the  capital 

elected.  stock  is  subscribed,  and  the  fixed  amount  paid  on  each  share,  it 
shall  be  the  duty  of  the  directors  named  in  the  articles  of  association, 
before  referred  to,  to  call  a  meeting  of  the  stockholders  for  the 
election  of  thirteen  directors,  who  shall  be  stockholders  to  the 
amount  of  at  least  twenty  shares ;  and  the  said  directors  shall  give 
thirty  days'  notice  of  the  time  and  place  of  said  meeting,  by  publi- 
cation in  at  least  two  newspapers  published  on  said  line  of  road  ; 
and  the  said  election  shall  be  conducted  by  two  judges,  appointed 
by  the  stockholders  present ;  and  the  persons  having  a  plurality  of 
votes,  shall  be  declared  duly  elected.  In  all  elections  the  holding 

*  Increased  by  section  3  of  act  of  12th  February,  1853,  to  $4,000,000;  (page  9;)  also,  may  be 
Increased  to  any  amount  deemed  necessary.    See  act  of  12th  February,  1855,  (page  62.) 


RAILROAD   LAWS.  O 

of  one  share  shall  entitle  the  person  to  one  vote ;  and  votes  may  be 
given  by  the  person  owning  the  same,  or  by  one  of  several  partners, 
or  by  the  husband,  father,  mother,  executor,  administrator,  guardian 
or  trustee,  or  by  the  authorized  agent  of  any  corporation,  State,  or 
of  the  United  States,  or  any  person  having  a  right  to  vote,  may  vote 
by  written  proxy. 

SEC.  7.    Whenever  the  aforesaid  sum  of  five  hundred  thousand  May  com- 
dollars  is  subscribed  as  aforesaid,  the  said  corporation  may  com_$50o,oooV  ejs 
mence,  construct  and  complete  the  aforesaid  railroad. 

SEC.  8.  All  elections  after  the  first,  in  relation  to  the  officers  of  this  Election, 
corporation,  shall  be  held  on  the  first  Monday  of  June  annually,  under  of!iimemlay 
the  direction  of  three  stockholders,  not  directors  at  the  time,  to  be  ap- 
appointed  by  an  order  of  the  board  of  directors,  at  a  previous  meeting; 
Provided,  That  said  directors  may  cause  elections  to  be  held  on  any 
other  day,  should  there  be  no  election  at  the  time  fixed  in  this  section. 

SEC.  9.  The  directors  provided  for  shall  continue  in  office  for  Directors 
one  year,  and  until  their  successors  are  elected  and  qualified,  and  a  til  succes- 
raajority  shall  form  a  quorum  for  the  transaction  of  business.  ted!™ 

SEC.  10.  The  said  corporation  is  hereby  authorized,  by  and  with  the  Authority  to 
consent  of  the  State  of  Indiana,  to  extend  said  railroad  to  Terre  ^  teTerr™aa 
Haute,  Indiana,  or  to  form  a  connection  with  any  company  that  may  Haute- 
be  formed  for  that  purpose,  by  the  authority  of  the  State  of  Indiana. 

SEC.  11.  The   said  company   is   hereby   authorized    to   borrow  May  borrow 
money;  and  for  that  purpose  may  issue  bonds,  to  bear  an  interest  bon°8e  bear" 
not  exceeding  eight  per  cent,  per  annum,  to  aid  in  the  construction  c^t.lg^nter- 
of  said  railroad  ;  but  the  payment  of  said  bonds  shall  be  secured  by  the'man<at8ela 
said  road  and  its  appendages,  and  the  franchises  and  property  of discount- 
said  corporation ;  and  all  sales  of  bonds  for  a  less  amount  than  par 
value,  shall  be  good  and  valid,  and  as  binding  upon  said  corporation 
as  if  the  same  were  sold  for  their  full  value  :  Provided,  that  nothing 
in  this  act  shall  be  so  construed  as  to  confer  upon  said  company 
hanking  privileges. 

SEC.  12.   This  act  shall  take  effect  and  be  in  force  from  and  after 
its  passage,  and  shall  be  taken  and  deemed  to  be  a  special  act. 

SIDNEY  BREESE, 

Speaker  of  the  House  of  Representatives. 
WILLIAM  M'MURTRY, 

Speaker  of  the  Senate, 
APPROVED  January  28,  1851. 

A.  C.  FRENCH. 


RAILROAD  LAWS. 

UNITED  STATES  OF  AMERICA,  )  M 
STATE  OF  ILLINOIS.  ) 

I,  DAVID  L.  GREGG,  Secretary  of  State,  do  hereby  certify,  that  the 
foregoing  is  a  true  copy  of  the  enrolled  law,  now  on  file  in  my  office. 
In  testimony  whereof,  I  have  hereunto  set  my  hand  and  the  great  seal 
of  State,  at  the  city  of  Springfield,  this  28th  day  of  January,  A. 
[L.  s.]  D.,  1851,  and  of  the  Independence  of  the  United  States,  the  sev- 
enty-fifth. 

DAVID  L.  GEEGG,  Secretary  of  State. 


SPECIAL  CHARTER— INDIANA. 


AN   ACT 

To  Extend  the  Terre  Haute  and  Alton  Railroad. 

Authority  to  SECTION  1.  Be  it  enacted  by  the  General  Assembly  of  Ike  State 
from  state  of  Indiana,  That  the  TERRE  HAUTE  AND  ALTON  RAILROAD  COM- 
nois  to  Terre  PANY,  as  chartered  by  the  Legislature  of  the  State  of  Illinois,  and 
approved  of  January  28th,  1851,  and  by  and  under  an  act  to  pro- 
vide for  a  general  system  of  railroad  incorporations  in  said  State,  in 
force  November  6th,  1849,  be  permitted  to  extend  their  said  rail- 
road from  the  eastern  line  of  the  State  of  Illinois,  through  the  State 
of  Indiana,  to  the  city  of  Terre  Haute,  and  into  the  same ;  and 
that  said  corporation  shall  have  all  the  rights,  powers  and  privile- 
ges, in  taking  land,  and  doing  all  things  necessary  to  carry  on  and 
maintain  their  railroad  perpetually,  as  granted  to  said  corporation 
by  the  above  acts,  by  the  Legislature  of  the  State  of  Illinois. 

May  build  a      SEC.  2.   Said  company  shall  have  power,  and  it  is  hereby  author- 
bridge   over  .  i    •  i  i      -I-.T  ii-  m 
the  Wabash  ized  to  construct  a  bridge  across  the  Wabash  river,  at  or  near  lerre 

Haute,  of  sufficient  strength  and  capacity  for  the  crossing  of  the 
same  of  all  engines,  locomotives,  cars  and  machinery  of  said  com- 
pany, used  or  to  be  used  on  said  road ;  but  in  the  construction 
thereof  said  company  shall  make  a  good  and  convenient  draw 
therein,  for  the  passage  of  all  steamboats,  of  not  less  than  sixty  feet 
in  width,  in  the  channel  of  the  river,  and  shall  cause  the  same  to 


RAILED  AD   LAWS.  7 

be  opened  for  the  passage  of  all  steamboats,  at  the  proper  cost  and 
expense  of  said  company  :  Provided  always,  said  company  shall  be 
liable  for  damages  to  any  steamboat  or  other  water  craft  navigating 
said  river,  for  any  unnecessary  detention  or  damages  occasioned  by 
the  improper  construction  or  management  of  said  draw  ;  and  said 
company  shall  and  may  erect  a  sufficient  number  of  piles  in  said 
river  for  the  support  of  said  bridge  :  Provided,  said  bridge  shall  be 
of  sufficient  height,  and  the  piles  apart  of  sufficient  width  for  the 
passage  of  all  flalboats  :  And  further  provided,  That  the  said  com-  Shall  allow 

other    roads 

pany  suffer  and  permit  the  TERRE  HAUTE  AND  RICHMOND  RAILROAD  to  use  such 

-,     "  .11  i  •  i  Bridge. 

COMPANY,  and  any  other  railroad  company,  to  cross  upon  the  said 
bridge  with  their  cars,  locomotives  and  trains,  and  use  the  same  in 
the  same  manner  that  the  ALTON  AND  TERRE  HAUTE  RAILROAD 
COMPANY  may  do  :  Provided,  The  said  TERRE  HAUTE  AND  RICH- 
MOND RAILROAD  COMPANY,  or  other  railroad  company,  shall,  before 
they,  or  either  of  them,  have  the  use  of  said  bridge,  pay  to  the  UP°O  .  com- 

•"  .     pensation. 

owners  thereof  the  just  and   equal  proportion  of  the  cost  of  said 
bridge,  so  that  the  parties  shall  be  equal  proprietors  thereof;  and 
the  parties,  owners  of  said  bridge,  shall  be  at  the  equal  expense  in 
the  maintaining  of  said  bridge,  and  keeping  the  same  in  repair. 
SEC.  3.    This  act  shall  be  in  force  from  and  after  its  passage. 

EBENEZEE  DUMONT, 
Speaker  of  the  House  of  Representatives. 
J.  H.  LANE, 

President  of  the  Senate. 
APPROVED  February  11,  1851. 

JOSEPH  A.  WEIGHT. 


STATE  OF  INDIANA,  TO-WIT  : 

I,  CHARLES  H.  TEST,  Secretary  of  State  for  the  State  of  Indiana,  do 
hereby  certify,  the  foregoing  to  be  a  true,  full  and  complete  copy  of  the 
above  recited  act,  as  appears  from  the  enrollment  on  file  in  my  office. 

In  witness  whereof,  I  have  hereunto  set  my  hand,  and  affixed  the  seal 
[L.  s.]  of  the  State,  at  Indianapolis,  this  llth  day  of  February,  A.  D. 
1851. 

CHAELES  H.  TEST,  Secretary  of  State. 


RAILROAD   LAWS. 

EXTRACT 

From  the  "  Act  incorporating  the    Ohio  and  Mississippi  Railroad 
Company,  and  for  other  purposes"  VIRTUALLY  REPEALING  so 

MUCH  OF   THE    FOURTEENTH    SECTION  OF   THE  GENERAL  RAILROAD 

LAW  as  makes  the  stockholders  in  the  "  Terre  Haute  aud  Alton 
Railroad  Company1'1  individually  liable  to  the  creditors  of  said 
Company. 

SECTION  18.  All  the  stockholders  of  said  company  shall  be  sev- 
erally individually  liable  to  the  creditors  of  said  company,  to  an 
amount  equal  to  the  amount  of  stock  held  by  them  respectively,  for 
all  debts  and  contracts  made  by  said  company,  until  the  whole 
amount  of  capital  stock  fixed  and  limited  by  said  company,  or  by 
this  act,  shall  have  been  paid  in  ;  and  shall  be  jointly  and  severally 
liable  for  all  debts  that  may  be  due  and  owing  to  any  and  all  of 
their  laborers,  servants  and  apprentices,  for  services  performed  for 
said  company ;  but  shall  not  be  liable  to  an  action  therefor,  before 
an  execution  shall  be  returned  unsatisfied,  in  whole  or  in  part, 
against  said  company,  and  then  the  amount  due  on  said  execution 
shall  be  the  amount  recoverable,  with  costs,  against  said  stockhold- 
ers :  Provided,  That_,none  of  the  provisions  of  this  section  shall  be 
applicable  to  the  company  hereby  incorporated,  or  to  the  Terre 
Haute  and  Alton  Railroad  Company,  incorporated  at  the  present 
session  of  the  General  Assembly,  until  the  same  provisions  shall  be 
applied  to  the  Central  Railroad  Company  and  branches,  and  the 
Rock  Island,  La  Salle  and  Chicago  Railroad  Company.  ' 

APPROVED  February  12,  1851. 


AN   ACT 

To  amend  an  act  entitled  "An  act  to  incorporate  the  Terre  Haute 
and  Alton  Railroad  Company" 

Cades  to  the      SECTION  1.    Be  it  enacted  by  the  people  of  the  State  of  Illinois, 

trinrifrhtfof  represented  in  General  Assembly,  That  all  rights  belonging  to  the 

State,  in  any  roads  heretofore  constructed,  or  partly  constructed, 

under  the  general  internal  improvement  system,  upon  the  line  of 

said  company,  are  hereby  granted  to  and  vested  in  said  company. 


RAILROAD   LAWS.  0 

SEC.  2.    The  certificate  of  the  secretary  of  said  company,  under  certificate 
the  corporate  seal  thereof,  shall  be  received  in  all  courts  of  justice  £[r!?e  *en"ej 
and  elsewhere,  as  evidence  of  the  regular  organization  of  said  com-  received   as 
pany,  under  its  charter,  and  of  any  act  or  order  of  the  board  of evldence- 
directors  of  said  company.     And  all  the  acts  and  doings  of  said 
company,  in  the  organization  thereof,  are  hereby  declared  to  be 
good  and  valid.     And  the  rights,  privileges  and  franchises  of  said 
company,  as  granted,  are  hereby  declared  to  be  in  full  force  and 
effect. 

SEC.  3.   The  capital    stock  of  said  company  may  be  increased  Prior  pro- 
from  time  to  time,  by  order  of  its  board  of  directors,  to  such  an  the  compa- 
amount  as  may  be  necessary  to  complete  their  road,  not  to  exceed  privileges 
four  millions   of  dollars.     And  the   subscription  to  the  increased  chises    con- 
capital  stock  may  be  made  from  time  to  time,  on  such  terms  as  capital 
may  be  ordered  by  the  board  of  directors  of  said  company.  ooojooo.     ' 

SEC.  4.   The  board  of  directors  of  said  company,  or  a  majority  Directors 
of  the  same,  are  hereby  authorized  to  fill  any  vacancy  that  may  SScy  in™ 
occur  or  has  occurred  in  their  body,  occasioned  by  death,  resigna- 
tion or  otherwise. 

SEC.  5.   This  act  shall  be  deemed  a  public  act,  and  shall  take 
eftect  and  be  in  force  from  and  after  its  passage. 

JOHN  REYNOLDS, 

Speaker  of  the  House  of  Representatives. 
G.  KOERNER, 

Speaker  of  the  Senate. 

APPROVED  February  12,  1853. 

J.  A.  MATTESON. 


AN    ACT 

To  amend  the  Act  entitled  "An  Act  to  Incorporate  the  Terre  Haute 
and  Alton  Railroad  Company." 

SECTION  1.    Be  it  enacted  by  the  people  of  the  State  of  Illinois,  May  con- 
represented  in    the  General  Assembly,   That  the  Terre  Haute  and  branch  ^rom 
Alton  Railroad  Company  be  and  are  hereby  authorized  to  construct  nn"8 of  "the 
a  branch  of  their  railroad  from  Paris,  in  the  county  of  Edgar,  in  an   ta  e* 
easterly  or  northerly  direction,  to  such  point  on  the  eastern  line  of 


10  RAILROAD   LAWS. 

the  State  as  may  be  deemed  advisable  by  said  company,  and  to 

form   a  connection  with  any  railroad  company  in   the  State   of 

And  may    Indiana  :  and,  for  the  purpose  of  constructing  said  branch,  may  issue 

issue    stock 

or  bonds  to  stock  or  bonds  of  said  company,  or  01  said   branch,  to  such  an 

as  may  be  amount  as  said  company  shall  deem  advisable,  and  may  secure  said 

isary'     bonds  by  mortgage  upon  said  branch  road,  and  may  consolidate 

consolidate   said  branch  road  with  any  such  company  in  the  State  of  Indiana 

with  road  in      ......  * 

Indiana.       with  which  it  may  connect,  on  such  terms  as  may  be  agreed  upon 

between  the  parties. 
Power  to         SEC.  2.   Said  company  shall  have  power  to  take  and  hold  stock 

take     stock  .  ...  .,         . 

in,  or  loan  in,  or  Joan   its  credit  to.  any  railroad   company  within  the   State, 

its  credit  to,      '  ..  *  ... 

other  com-  whose  road  may  connect  directly  or  by  connecting  lines  with  said 
Terre  Haute  and  Alton  Railroad  Company. 

SEC.  3.  This  act  shall  take  effect  and  be  in  force  from  and  after 
its  passage. 

APPROVED  February  28th,  1854. 


EXTRACT 

From  an  Act  to  change  the  Name  and  to  amend  the  Charter  of  the 
Chicago  and  Mississippi  Railroad  Company,  and  to  authorize 
said  Company,  and  the  Belleville  and  Illinoistown  Railroad 
Company,  and  the  Terre  Haute  and  Alton  Railroad  Company,  to 
make  contracts  and  running  arrangements  with  each  other,  or  to 
lease  or  buy  the  road  of  the  said  Belleville  and  Illinoistown  Rail- 
road Company. 

Authorityto     SECTION  2.   The  said  company  shall  have  power,  and  are  hereby 

connect  with        •,       •       i  11-  i    /•  .., 

other  roads,  authorized  to  extend  their  road  from  its  present  terminus,  in  the 
city  of  Alton,  to  the  present  terminus  of  the  Terre  Haute  and  Alton 
Railroad  in  said  city,  and  to  unite  with  the  road  of  said  last  men- 
tioned company,  and  to  contract  with  and  use  the  road  of  said  Terre 
Haute  and  Alton  Railroad  Company,  from  such  point  of  union  to 
the  intersection  of  said  last  mentioned  road,  with  the  road  of  the 
Belleville  and  Illinoistown  Railroad  Company,  near  Wood  river,  in 
Madison  county,  upon  such  terms  and  conditions  as  shall  mutually 
be  agreed  upon  by  the  said  Terre  Haute  and  Alton  Railroad  Com- 
pany and  the  said  Chicago,  Alton  and  St.  Louis  Railroad  Company  ; 


RAILROAD   LAWS.  11 

or  in  case  said  company  shall  not  agree,  then  upon  such  terms  as 
shall  be  fixed  by  disinterested  persons,  skilled  and  experienced  in  the 
management  of  railroads,  one  to  be  named  by  each  company,  and 
the  two,  in  case  of  disagreement,  to  choose  a  third,  whose  decision 
shall  be  final,  but  neither  company  shall  select  a  person  objection- 
able to  the  other ;  before  said  last  mentioned  extension  shall  be 
allowed,  the  said  Chicago,  Alton  and  St.  Louis  Railroad  Company, 
and  the  Terre  Haute  and  Alton  Railroad  Company,  shall  locate  and 
establish  a  general  union  depot  in  said  city  of  Alton,  and  keep  and 
maintain  the  same. 

In  case  the  said  Terre  Haute  and  Alton  Railroad  Company  shall 
not,  within  sixty  days  after  being  requested  so  to  do,  by  the  said 
Chicago,  Alton  and  St.  Louis  Railroad  Company,  execute  and  deliver 
to  said  last  mentioned  company  their  consent  in  writing  to  the  terms 
of  this  act,  and  also  a  contract  authorizing  them  to  use  that  part  of 
the  road  of  the  said  Terre  Haute  and  Alton  Railroad  Company 
between  its  present  terminus,  in  Alton,  and  the  said  intersection 
with  the  Belleville  and  Illinoistown  Railroad,  upon  the  terms  con- 
templated by  this  act,  then  the  said  Chicago,  Alton  and  St.  Louis 
Railroad  Company  shall  have  the  power,  and  are  hereby  authorized 
to  extend  their  said  road  and  unite  with  the  road  of  the  said  Belle- 
ville and  Illinoistown  Railroad  Company,  at  or  near  Wood  river, 
and  at  the  most  convenient  point,  not  exceeding  four  miles  from 
the  city  of  Alton.  The  said  Belleville  and  Illinoistown  Railroad  Authority  to 
Company  are  hereby  authorized  to  make  running  arrangements  the^Beile-"17 
and  contracts  with  the  said  Chicago,  Alton  and  St.  Louis  Railroad  Imnoistown 
Company,  and  the  Terre  Haute  and  Alton  Railroad  Company,  or Eailroad- 
either  of  them,  and  also  to  lease  or  sell  to  said  last  mentioned 
companies,  or  either  of  them,  the  whole  or  any  part  of  their  road; 
and  the  said  last  mentioned  companies,  or  either  of  them,  are 
authorized  to  make  such  contracts,  lease  or  purchase  of  said  Belle- 
ville and  Illinoistown  Railroad ;  but  no  such  contract,  lease  or  sale 
shall  affect  any  contract  heretofore  made  by  either  of  said  companies 
with  the  other. 

SEC.  3.  The  said  Belleville  and  Illinoistown  Railroad  Company 
shall  have  the  right,  and  are  hereby  authorized  to  contract  with  and 
use  the  road  of  the  said  Terre  Haute  and  Alton  Railroad  Company 
from  the  intersection  of  said  roads,  near  Wood  river,  to  the  junction 
of  the  said  Terre  Haute  and  Alton  Railroad  Company  with  the  road 


12  RAILROAD   LAWS. 

of  the  Chicago,  Alton  and  St.  Louis  Railroad  Company,  in  Alton, 
and  also  to  contract  with  and  use  the  extension  of  the  road  of  the 
Chicago,  Alton  and  St.  Louis  Railroad  Company,  from  Alton  to  or 
near  Wood  river,  or  any  part  of  the  said  extension,  if  the  same  shall 
be  built  as  provided  in  the  last  section,  upon  such  terms  and  condi- 
tions as  shall  mutually  be  agreed  upon  by  said '  companies, 
respectively,  or  in  case  said  company  shall  not  agree,  then  upon 
such  terms  and  conditions  as  shall  be  fixed  by  disinterested  persons, 
skilled  and  experienced  in  the  management  of  railroads,  one  to  be 
named  by  each  company,  and  the  two,  in  case  of  disagreement,  to 
select  a  third,  whose  decision  shall  be  final ;  but  neither  company 
shall  select  a  person  objectionable  to  the  other. 

This  act  shall  take  effect  and  be  in  force  from  and  after  its 


THOS.  J.  TURNER, 

Speaker  of  the  House  of  Representatives. 
G.  KOERNER, 

Speaker  of  the  Senate. 
APPROVED  February  14,  1855. 

J.  A.  MATTESON. 


UNITED  STATES  OF  AMERICA,lsg 
STATE  OF  ILLINOIS.  / 

I,  ALEXANDER  STARNE,  Secretary  of  State  for  the  State  of  Illinois,  do 
hereby  certify,  that  the  foregoing  is  a  true  and  correct  copy  of  an  enrolled 
law  now  on  file  in  my  office. 

In  testimony  whereof,  I  have  hereunto  set  my  hand,  and  affixed  the 
[L.  s.]  seal  of  State,  this  15th  day  of  February,  A.  D.  1855. 

ALEXANDER  STARNE,  Secretary  of  State. 


CHARTER 


BELLEVILLE  &  ILLINOISTOWN  RAILROAD  COMPANY. 


AN    ACT 

To  Incorporate  the  Belleville  and  Illinoistown  Railroad  Company. 

SECTION  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois  Corporation. 
represented  in  the  General  Assembly  :  That  Samuel  B.  Chandler, 
Edward  Tittraan,  Jacob  Knrebel,  Frederick  Von  Schrader,  Asbury 
Harrison,  Russell-  Hinckley,  Edward  Abend,  Charles  Chouteau, 
Robert  Christie,  Jr.,  James  H.  Lucas,  Narcisse  Pensoneau,  John 
Winter,  Alexander  Kayser,  Philip  B.  Fouke,  James  W.  Hughes, 
Samuel  Stookey,  James  Mitchell,  Joseph  Kirkpatrick,  James  L.  D. 
Morrison,  Frederick  Kernpff,  William  H.  Snyder,  William  W. 
Roman,  and  such  other  persons  as  they  associate  with  them  for  that 
purpose,  are  hereby  made  and  constituted  a  body  corporate  and 
politic  by  the  name  and  style  of  the  "BELLEVILLE  AND  ILLINOIS- style. 
TOWN  RAILROAD  COMPANY,"  with  perpetual  succession,  and  by  that 
name  and  style  shall  be  capable  in  law  of  taking,  holding,  purchas- 
ing, leasing,  selling  and  conveying  estate  and  property,  real,  personal 
and  mixed,  so  far  as  the  same  may  be  necessary  for  the  purpose 
hereinafter  mentioned  and  no  further ;  and  in  their  corporate  name  General 
may  sue  and  be  sued,  to  have  a  common  seal,  which  they  may  alter  po 
or  renew  at  pleasure,  and  may  have  and  exercise  all  powers,  rights 
privileges  and  immunities  which  are  or  may  be  necessary  to  carry 
into  effect  the  purposes  or  objects  of  this  act,  as  the  same  are  herein 
set  forth. 

SEC.  2.    The  Belleville  and  Illinoistown  Railroad  Company  shall  Power  to 
have  full  power  and  authority  to  locate,  and  from  time  to  time,  to  and8  operate 
alter,  change,  re-locate,  construct,  re-construct,  and  fully  to  finish, roa  ' 
perfect,  and  maintain  a  railroad  with  one  or  more  tracks,  commen- 
cing at  Belleville,  in  the  county  of  Stt  Clair,  and  running  from  thence 


14  RAILROAD   LAWS. 

upon  a  route,  to  be  by  said  company  selected,  to  Illinoistown,  and 
to  take,  transport,  and  carry  property  and  persons  upon  said  rail- 
road, by  power  or  force  of  steam,  or  of  animals,  or  of  any  other 
power  or  other  combination  ot  them  which  said  company  may 
choose  to  use  or  apply,  and  for  the  purpose  of  constructing  said 
railroad  or  way,  said  company  shall  have  power  and  authority  to 
lay  out,  designate,  and  establish  their  said  road,  in  width  not 

Eight  of  exceeding  one  hundred  and  fifty  feet,  through  the  entire  line 
thereof,  and  may  take  and  appropriate  to  their  own  use  all  such 
lands  so  designated  for  the  line  and  construction  of  said  road,  upon 
first  paying  or  tendering  therefor  such  amount  of  damages  as  shall 
have  been  settled  by  appraisal  in  the  manner  hereinafter  provided, 
on  all  such  lands  so  designated  for  the  line  and  construction  of  said 
road,  and  all  such  lands  as  may  be  taken,  or  upon  any  track  which 
may  be  located  by  said  company,  and  for  the  purpose  of  embank- 
ments, cuttings,  obtaining  of  stone,  gravel  and  sand,  may  take  and 
appropriate  as  much  more  land  as  may  be  necessary  for  the  proper 
construction,  maintenance,  and  security  of  said  road,  and  for  cop- 
structing  shops,  depots,  and  other  suitable,  proper  and  convenient 
fixtures  in  connection  with  and  appurtenance  to  said  railroad,  may 
take  and  have,  use  and  occupy  any  lands  upon  either  side  of  said 
railroad  not  exceeding  two  hundred  feet  in  depth  from  said  railroad, 
said  company  taking  all  such  lands  by  gift,  purchase  or  condemna- 
tion, and  making  satisfaction  for  the  same  as  hereinafter  provided  : 

Proviso.  Provided,  That  this  section  shall  not  be  construed  to  restrict  or 
prevent  the  construction  of  public  roads  or  railroads  across  the  road 
of  said  company  when  deemed  expedient,  but  not  so  as  to  materially 
impair  or  obstruct  the  same. 

Entry  upon       SEC.  3.   The   said   company,    and   under  their   direction,   their 

private*"1  agents,  servants  and  workmen,  are  hereby  authorized  and  empow- 
ered to  enter  into  and  upon  the  lands  and  grounds  of,  or  belonging 
to  the  State  or  to  any  person  or  persons,  body  politic  or  corporate, 
and  survey  and  take  levels  of  the  same  or  any  part  thereof,  and  to 
set  out  and  ascertain  such  parts  as  they  shall  think  necessary  and 
proper  for  the  making  of  said  railroad  with  one  or  more  sets  of 
tracks  or  rails,  and  for  all  the  purposes  connected  with  said  railroad 
for  which  said  corporation,  by  the  last  preceding  section,  is  author- 
ized to  have,  take,  and  appropriate  any  land,  and  to  fell  and  cut 
down  all  timber  and  other  trees  standing  or  being  within  one  him- 


RAILROAD  LAWS.  15 

dred  feet  on  each  side  of  said  line  of  said  railroad,  the  damages  occa-  Damages, 
sioned  by  the  felling  of  such  trees,  unless  otherwise  settled,  to  be 
assessed  and  paid  for  in  manner  hereinafter  provided  for  assessing 
and  paying  damages  for  lands  taken  for  the  use  of  said  railroad 
company  ;  also  from  time  to  time  to  alter,  repair,  amend,  widen,  or 
enlarge  the  same,  or  any  of  the  conveniences  above  named,  as  well 
for  carrying  goods,  commodities,  timber  or  other  things  to  and 
upon  the  said  railroad,  as  for  conveying  all  manner  of  materials 
necessary  for  the  making,  erecting,  furnishing,  altering,  repairing, 
amending  or  enlarging  the  works  of  or  connected  with  the  said 
road,  and  to  contract  and  agree  with  the  owner  or  owners  thereof 
for  earth,  timber,  gravel,  stone,  or  other  material,  or  any  article 
whatever  which  may  be  wanted  in  the  construction  and  repair  of  said 
road  or  any  of  its  appurtenances — the  said  company  doing  as  little 
damages  as  possible  in  the  execution  of  said  power  hereby  granted, 
and  making  satisfaction  in  the  manner  hereinafter  mentioned  for  all 
damages  to  be  sustained  by  the  owners  or  occupiers  of  said  land. 

SEC.  4.  The  said  company  shall  have  power  to  take,  receive  and  Grants,  &c. 
hold  all  such  voluntary  grants  and  donations  of  land  and  real  estate 
for  the  purpose  of  said  road  as  may  or  shall  be  made  to  said  com- 
pany to  aid  in  the  construction,  maintenance  and  accommodation  of 
said  road,  and  said  company  may  contract  and  agree  with  the 
owners  or  occupiers  of  any  land  upon  which  said  company  may  wish 
to  construct  said  road  or  way,  or  which  said  company  may  wish 
to  use  or  occupy  for  the  purpose  of  procuring  stone,  sand,  gravel  or 
earth,  or  other  materials  to  be  used  in  embankments  or  otherwise, 
in  or  about  the  construction,  repairs  or  enjoyment  of  said  road,  or 
which  said  company  may  wish  to  use  or  occupy  in  any  manner, 
or  for  any  purpose  or  purposes  connected  with  said  road  which 
said  company  is  authorized  or  empowered  by  this  act  to  have 
or  appropriate  any  lands,  and  to  take  and  receive  grants  and  con- 
veyances of  any  and  all  interest  and  estates  therein  and  to  them  and 
their  successors  or  assigns  in  fee  or  otherwise,  and  in  case  said  com- 
pany cannot  agree  with  such  owner  or  owners  or  occupiers  of  such 
land  as  aforesaid,  so  as  to  procure  the  same  by  the  voluntary  act  or 
deed  of  such  owners  or  occupiers  of  such  lands  as  aforesaid,  so  as  to 
procure  the  same  by  the  voluntary  act  or  deed  of  such  owners  or 
occupiers,  then  the  price  and  value  of  such  lands  may  be  fixed,  esti- 
mated and  recovered  in  the  manner  provided  for  taking  lands  for  the 


16  RAILROAD   LAWS. 

construction  of  public  roads,  canals,  or  other  public  works,  as  pre- 
scribed by  the  act  relating  to  the  public  right  of  way,  approved 
March  3d,  1845.  But  when  the  owners  or  occupiers,  or  either 
of  them  of  such  lands,  shall  be  a  femme  covert,  infant,  non  compos 
mentis,  unknown  or  out  of  the  county  in  which  the  said  lands 
or  property  wanted  may  lie  or  be  situated,  the  said  company  shall 
pay  the  amount  that  shall  be  awarded  as  due  to  the  last  mentioned 
owners  respectively,  whenever  the  same  shall  be  lawfully  demanded ; 
that  to  ascertain  the  amount  to  be  paid  as  above  to  the  said  owners 
or  occupiers  for  lands  and  materials  taken  for  the  use  of  said  cor- 
poration, it  shall  be  the  duty  of  the  Governor  of  the  State,  upon 
notice  given  to  him  by  the  said  corporation,  to  appoint  three  com- 
missioners, to  be  persons  not  interested  in  the  matter  to  be  deter- 
mined by  them,  to  determine  the  amount  of  damages  which  the  own- 
ers or  occupiers  of  the  land  or  real  estate,  so  entered  upon  by  the  said 
corporation,  has  or  have  sustained  by  the  occupation  of  the  same ; 
and  it  shall  be  the  duty  of  the  said  commissioners,  or  a  majority  of 
th  ;n,  to  deliver  to  said  corporation  a  written  statement  of  the  award 
or  awards  they  shall  make,  with  a  description  of  the  land  or  other 
real  estate  appraised,  to  be  recorded  by  the  said  corporation  in  the 
circuit  clerk's  office  of  St.  Clair  county,  and  then  the  said  corpora- 
tion shall  be  deemed  to  be  seized  and  entitled  to  the  fee  simple  of  all 
such  lands  and  real  estate,  and  shall  exercise  over  the  same  all  the 
rights,  privileges,  franchises  and  immunities  in  said  act  contemplated  ; 
Proviso.  Provided,  that  notice  by  publication  in  some  newspaper  in  St.  Clair 
county  shall  be  first  given  for  thirty  days  to  the  owners  or  occupiers, 
or  unknown  owners  as  the  case  may  be,  of  the  intention,  on  the  part 
of  the  said  corporation,  to  apply  to  the  Governor  for  the  appoint- 
Further  pro.  ment  of  commissioners  as  herein  provided ;  And  provided  further, 
that  any  appeal  which  may  be  allowed  under  the  provisions  of  the 
act  above  mentioned,  or  of  any  general  law  of  this  State,  shall  not 
affect  the  possession  by  said  company  of  any  of  the  lands  appraised 
or  taken  under  this  act,  and  when  the  appeal  may  be  taken,  or 
writ  of  error  prosecuted  by  any  person  or  persons  other  than  the 
said  company,  the  same  shall  not  be  allowed,  except  on  the  stipula- 
tion of  the  party  so  appealing  or  prosecuting  such  writ  of  error ;  that 
the  said  company  may  enter  upon  and  use  the  land  described  in  the 
petition  or  required  by  the  said  company  for  the  uses  and  purposes 
of  the  said  road,  upon  said  company  giving  bond  and  security  to  be 


RAILROAD  LAWS.  17 

approved  by  the  clerk  of  the  circuit  court  of  the  county  of  St.  Clair, 
that  they  will  pay  to  the  party  appealing  or  prosecuting  such  writ  of 
error  all  costs  and  damages  that  may  be  awarded  against  them  on 
the  final  hearing  of  such  appeal  or  writ  of  error,  within  thirty  days 
after  the  rendition  of  the  same,  or  forfeit  all  right  to  use  the  land 
on  the  way  so  condemned. 

SEC.  5.   The  capital  stock  of  said  company,  shall  be  one  hundred  capital 

stock 

thousand  dollars,  which  may  be  increased  from  time  to  time,  by  a 
vote  of  a  majority  in  interest  of  the  stockholders  at  their  annual 
meeting,  or  at  any  special  meeting  which  may  be  called  for  that 
purpose  by  the  directors  of  said  company,  to  any  sum  not  exceeding 
the  entire  amount  expended  on  account  of  said  road,  which  stock 
shall  be  divided  into  shares  of  fifty  dollars  each,  which  shall  be 
deemed  personal  property  and  which  may  be  issued,  certified  and 
registered  and  transferred,  in  such  manner,  and  at  such  places  as 
may  be  ordered  and  provided  by  the  board  of  directors,  who  shall 
have  power  to  require  the  payment  of  stock  subscribed  in  the 
manner  and  at  the  time,  and  in  such  sums  as  they  may  direct,  and 
on  the  refusal  or  neglect  on  the  part  of  stockholders  or  any  of  them, 
to  make  payment  on  requisition  of  the  board  of  directors,  the  shares 
of  such  delinquents  may,  after  thirty  days  public  notice,  be  sold  at 
auction,  under  such  rules  as  the  directors  may  adopt ;  the  surplus 
money,  if  any  remains  after  deducting  the  payment  due  with  the 
interest  and  necessary  cost  of  sale,  to  be  paid  to  the  delinquent 
stockholder.  The  board  of  directors,  herein  named  and  appointed, 
shall  cause  books  to  be  opened  for  subscription  to  the  capital  stock 
of  said  company  at  such  times  and  places  and  in  such  manner  as 
they  shall  direct ;  Provided,  That  as  soon  as  fifty  thousand  dollars  proviso, 
of  bona  fide  subscription  to  said  capital  stock  shall  be  made  and 
five  per  cent,  thereon  paid  in,  it  shall  be  lawful  for  said  company  to 
commence  the  construction  of  said  road. 

SEC.  6.  All  the  corporate  powers  of  said  company  shall  be  vested  Directors, 
in,  and  exercised  by  a  board  of  directors,  to  consist  of  not  less  than 
seven  nor  more  than  seventeen  in  number,  and  such  other  officers, 
agents  and  servants,  as  they  shall  appoint.  The  first  board  of  direc- 
tors shall  consist  of  George  Bressler,  Asbury  Harrison,  Russell  Hinck- 
ley,  Frederick  Von  Schrader,  Samuel  B.  Chandler,  Edward  Tittman, 
Joseph  Kirkpatrick,  James  Mitchell,  Charles  Chouteau,  Alexander 
Kayser,  Jacob  Knoebel,  Edward  Abend,  Conrad  Bornman,  Francis 


18 


RAILROAD   LAWS. 


Votes. 


Officers  of 
company. 


Equipments 
of  road. 


Tolls. 


Locomotive 
and  cars. 


Stoltz,  and  James  L.  D.  Morrison,  who  shall  hold  their  offices  until 
their  successors  are  elected  and  qualified.  Vacancies  in  the  board 
may  be  filled  by  vote  of  two-thirds  of  the  directors  remaining,  such 
appointees  to  continue  in  office  until  the  next  regular  annual  elec- 
tion of  directors  is  held  ;  and  which  said  annual  election  of  directors 
shall  be  held  on  the  first  Monday  in  June  in  each  year,  at  the  office 
of  the  company,  thirty  days  notice  being  given  in  a  newspaper  pub- 
lished at  Belleville  and  St.  Louis. 

SEC.  7.  At  any  election  held  for  the  election  of  directors,  each 
share  of  stock  shall  be  entitled  to  one  vote  to  be  given  either  in 
person  or  by  proxy,  and  the  persons  receiving  the  largest  number  of 
votes  to  be  declared  duly  elected,  and  to  hold  their  office  until  the 
next  annual  election,  and  until  their  successors  in  office  are  elected 
and  qualified.  All  elections  to  be  conducted  by  three  judges  to  be 
selected  by  the  stockholders  present. 

SEC.  8.  The  office  of  said  company  snail  be  located  in  the  city 
of  Belleville,  and  the  directors  herein  named  are  required  to  organ- 
ize the  board  by  electing  one  of  their  number  president,  and  by 
appointing  a  secretary  and  treasurer. 

SEC.  9.  Said  company  shall  have  power  to  purchase  with  the 
funds  of  the  company,  and  contract  for  and  place  on  the  railroad 
hereby  authorized  to  be  constructed,  all  machines,  wagons,  carriages 
and  vehicles,  of  any  description  which  they  may  deem  necessary  and 
proper  for  the  purpose  of  transportation  on  said  railroad,  and  they 
shall  have  power  to  charge  for  tolls  and  transportation  and  rates  of 
fare,  such  sums  as  shall  be  lawfully  established  by  the  by-laws  of 
said  company :  not  to  exceed,  however,  on  the  article  of  bituminous 
coal  thirty-five  cents  a  ton  from  Belleville  to  Illinois  town. 

SEC.  10.  The  said  company  hereby  chartered  shall  be  required  to 
keep  and  use  a  sufficent  number  of  locomotives,  passenger  and  freight 
cars  and  the  other  conveniences  properly  pertaining  to  a  railroad, 
to  carry  and  transport  all  the  passengers  and  freight  requiring  trans- 
portation upon  the  said  road,  and  shall  transport  the  same,  and  shall 
have  the  power  to  make,  ordain  and  establish  all  such  by-laws,  rules 
and  regulations,  as  may  be  deemed  expedient  and  necessary  to  fulfill 
the  purposes  and  carry  into  effect  the  provisions  of  this  act,  for  the 
well  ordering  and  securing  the  affairs,  business  and  interest  of  said 
company  not  incompatible  with  the  constitution  and  laws  of  this 
State. 


RAILROAD   LAWS.  19 

SEC.  11.  The  said  board  of  directors  shall  have  power  to  regulate  Regulations. 
the  manner  of  transportation  of  persons  and  property,  the  width  of 
the  track,  the  construction  of  wheels,  the  form  and  size  of  cars,  the 
weight  of  loads  ;  and  all  other  matters  and  things  respecting  the  use 
of  said  road,  and  the  conveyance  and  transportation  of  persons  and 
property  thereon. 

SEC.  12.  Whenever  it  shall  be  necessary  for  the  construction  of  intersec- 
said  railroad  to  intersect  or  cross  a  track  of  any  other  railroad,  or 
any  stream  of  water  or  water  course,  or  road  or  highway,  lying  on 
the  route  of  said  road,  it  shall  be  lawful  for  the  company  to  construct 
their  railroad  across  or  upon  the  same  :  Provided,  that  the  said  com- 
pany shall  restore  the  railroad,  stream  of  water,  water  course,  road 
or  highway  thus  obstructed  or  crossed,  to  its  former  state  or  in  a 
sufficient  manner  not  materially  to  impair  its  usefulness. 

SEC.  13.   The  said  company    shall  annually,  or  semi-acnually,  Dividends, 
make  such  dividends  as  they  may   deem  proper  of  the  net  profits, 
receipts,  or  incomes  of  said  company,  among  the  stockholders  therein, 
in  proper  proportion  to  their  respective  shares. 

SEC.  14.  The  said  company  shall  have  power  and  are  hereby  Real  estate, 
authorized  to  receive,  take  bold,  and  again  alienate  any  amount  of 
lands,^not  to  exceed  twelve  hundred  acres  at  any  one  time,  and  to 
mine  and  work  the  coal  beds  therein,  and  to  transport  the  coal  mined 
therefrom,  and  to  this  end  may  contract  with  any  other  railroad 
company  for  the  lease  or  purchase  of  their  tracks,  rights,  ways,  priv- 
ileges, franchises,  coal  fields,  engines,  machinery,  lands,  and  other 
property,  paying  therefor  money,  bonds,  or  stock  in  the  said 
railroad  company  hereby  chartered,  and  may  make,  have,  use  and 
maintain  any  and  all  branch  roads  by  the  said  company  deemed 
necessary  in  transacting  their  business ;  condemning  all  lands  and 
ways  therefor  ds  herein  is  above  provided.  The  said  company  is  also 
empowered  to  lease  or  purchase  of  the  county  of  St.  Glair  all  the 
ferry  right  and  franchises  which  said  county  now  has  for.  a  ferry 
across  the  Mississippi  river,  opposite  St.  Louis,  or  such  an  interest 
therein  as  the  said  county  may,  by  an  order  of  the  county  court,  i 
entered  upon  their  records,  agree  to  sell  or  lease  to  the  said  company, 
and  to  be  paid  for  by  said  company  in  money,  bonds,  or  stock  of 
said  company,  as  the  same  may  UL  agreed  upon,  and  the  said  county 
court  are  hereby  authorized  so  to  sell  or  lease  the  said  ferry  for  any 
period  they  may  agree  upon  with  said  company. 
2 


20 


RAILROAD   LAWS. 


city  of 


i«wedytoal~ 
subscribe. 


Penalty. 


Extension  of 
road. 


Power  to 
borrow  mo- 
ney. 


SEC.  15.  The  said  company  may  accept  subscriptions  to  the  stock 
°f  said  roa(l  fr°m  tne  city  °f  Belleville  and  the  county  of  St.  Ciair, 
or  eit^er  of  them,  to  an  amount  not  to  exceed  twenty-five  thousand 
(jouars  each,  and  for  the  purpose  of  raising  the  amount'  so  to  be  by 
them  subscribed,  the  said  city  of  Bellville,  by  her  corporate  author- 
ities, and  the  said  county  of  St.  Glair,  are  hereby  authorized  and 
empowered  to  borrow  any  sum  not  exceeding  twenty-five  thousand 
dollars  each,  payable  at  such  times  and  places,  and  in  such  sums, 
and  with  such  rate  of  interest  as  may  be  agreed  upon,  and  may  issue 
their  city  and  county  bonds  therefor,  under  their  respective  seals. 

SEC.  16.  If  any  person  shall  do,  or  cause  to  be  done,  or  aid  in 
doing,  or  causing  to  be  done  any  act  or  acts  whatever,  whereby  any 
building,  or  construction,  or  work  of  said  company,  or  any  machine 
or  structure,  or  any  matter  or  thing  appertaining  to  the  same  shall 
be  stopped,  obstructed  impaired  or  weakened,  injured  or  destroyed, 
the  person  or  persons  so  offending,  shall  be  guilty  of  a  misdemeanor, 
and  may  be  punished,  upon  conviction,  by  fine,  in  any  sum  not 
exceeding  five  hundred  dollars,  or  by  imprisonment  not  exceeding 
five  years,  or  by  both,  at  the  discretion  of  the  court,  and  shall 
forfeit  and  pay  to  the  said  corporation  treble  the  amount  of  dam- 
ages sustained  by  reason  of  such  offence  or  injury,  to  be  recovered 
in  the  name  of  said  company,  with  cost  of  suit,  in  an  action  of 
trespass  before  any  justice  of  this  State,  or  before  any  court  having 
jurisdiction  thereof. 

SEC.  17.  Said  company  shall  have  the  power  to  extend  to,  and 
unite  its  railroad  with  any  other  railroad  now  constructed,  or  which 
may  hereafter  be  constructed  in  this  State,  and  for  that  purpose  full 
power  is  hereby  given  to  said  company  to  make  and  execute  such 
contracts  with  any  other  company  as  will  secure  the  objects  of  such 
connection. 

SEC.  18.  Said  company  is  hereby  authorized  from  time  to  time 
to  borrow  such  sum  or  sums  of  money,  as  may  be  necessary  for 
completing  and  finishing  or  operating  their  said  railroad,  and  to 
issue  and  dispose  of  their  bonds  in  denominations  of  not  less  than 
five  hundred  dollars,  for  any  amount  so  borrowed,  and  to  mortgage 
their  corporate  property  and  franchises,  or  convey  the  same  by  deed 
of  trust  to  secure  the  payment  of  any  debt  contracted  by  said  com- 
pany for  the  purposes  aforesaid,  and  the  directors  of  said  company 
may  confer  on  any  bond-holder  of  any  bond  issued  for  money 


RAILROAD   LAWS.  21 

borrowed  as  aforesaid,  the  right  to  convert  the  principle  due  or 
owing  thereon  into  stock  of  said  company  at  any  time  not  exceeding 
ten  years  from  the  date  of  the  bond  under  such  regulations  as  the 
directors  of  said  company  may  see  fit  to  adopt,  and  all  sales  of 
bonds  for  less  than  their  par  value  shall  be  good  and  valid,  and  as 
binding  upon  said  corporation  as  if  the  same  were  sold  for  the  full 
amount  thereof. 

SEC.  19.   The  said  company  hereby  chartered  shall  be  required  Limitation. 
to  construct  and  operate  their  said  road  according  to  the  terms  of 
this  charter  within  five  years  from  the  passage  of  this  act,  which 
shall  be  taken  and  received  as  a  public  law  in  all  courts  and  places 

whatever. 

SIDNEY  BREESE, 

Speaker  of  the  House  of  Representatives. 
WILLIAM  M'MURTRY, 

Speaker  of  the  Senate. 
APPROVED  June  21,  1852. 

AUGUSTUS  C.  FRENCH. 


UNITED  STATES  OF  AMERICA,  ) 

r*  SS» 

STATE  OF  ILLINOIS, 

I,  DAVID  L.  GREGG,  Secretary  of  State  of  the  said  State  of  Illinois, 
do  hereby  certify  that  the  foregoing  is  a  true  copy  of  the  enrolled  law 
now  ~.m  file  in  my  office. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  affixed  the 
[L.  s.]  great  seal  of  State,  at  Springfield,  this  22d  day  of  June,  A.  D. 
1852. 

D.  L.  GREGG,  Secretary  oj  State. 


CHARTER 

OF  THB 

ST.  LOUIS,  ALTON  &  TERRE  HAUTE  RAILROAD  CO., 

OF  THE  STATE  OF  ILLINOIS. 


APPROVED  FEBRUARY  18,  1861. 


AN    ACT 

To  perfect  the  title  of  the  purchasers  of  the  Terre  Haute,  Alton  and 
St.  Louis  Railroad,  and  to  enable  such  purchasers,  when  the 
road  is  sold,  to  form  a  corporation,  and  defining  the  rights  and 
duties  of  such  corporation. 

SECTION  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly :  That  in  case  the  railroad  of 
the  Terre  Haute,  Alton  and  St.  Louis  Railroad  Company,  or  any 
part  thereof,  shall  be  sold  by  virtue  of  any  mortgage,|rnortgages,  or 
deed  or  deeds  of  trust,  either  by  foreclosure  or  other  proceedings  in 
law  or  equity,  or  in  pursuance  of  a  power  in  such  mortgage  or  mort- 
gages, deed  or  deeds  of  trust  contained,  or  by  joint  exercise  of  the 
said  authorities,  the  purchaser  or  purchasers  of  the  same,  or  their  sur- 
vivors or  survivor,  or  they  and  their,  or  he  and  his  associates,  or  their 
Name  and  or  his  assigns,  may  form  a  corporation,  by  the  name  of  "The  Saint 
of?ewZcom^  Louis,  Alton  and  Terre  Haute  Railroad  Company,"  by  filing  in  the 
office  of  the  Secretary  of  State  a  certificate,  under  their  cr  his  signa- 
ture, specifying  the  number  of  directors  of  said  new  corporation 
(a  majority  of  whom  shall  always  be  citi/ens  of  the  State  of  Illinois, 
residing  in  the  counties  along  the  line  of  the  road,  who  shall  be  not 
less  than  five  nor  more  than  thirteen  in  number,)  and  the  period, 
not  exceeding  one  year,  of  their  service,  the  amount  of  their  original 


RAILROAD  LAWS.  23 

capital  and  the  number  of  shares  into  which  such  capital  is  to  be 
divided ;  and,  thereupon,  the  persons  who  shall"  have  signed  such 
certificate,  and  their  successors,  shall  be  a  body  politic  and  corpo- 
rate, by  the  name  of  "  The  St.  Louis,  Alton  and  Terre  Haute  Rail- 
road Company ; "  and  a  copy  of  such  certificate,  attested  by  the  sig- 
nature of  the  Secretary  of  State  or  his  deputy,  shall,  in  all  courts  and 
places,  be  evidence  of  the  due  formation  and  existence  of  the  said 
corporation  and  of  the  facts  in  the  said  certificate  stated. 

SEC.  2.  The  said  St.  Louis,  Alton  and  Terre  Haute  Railroad  Com-  corporate 
pany  shall  have  power  to  acquire,  by  purchase  or  otherwise,  and  to  ?0 
hold,  use  and  enjoy  the  Terre  Haute,  Alton  and  St.  Louis  Railroad, 
and  each  and  every  part  thereof,  whether  situate  within  or  without 
this  State ;  and  all  equipments,  machinery,  tools  and  materials,  all 
lands,  property,  rights  and  things  connected  therewith  or  necessary 
to  the  use  thereof,  together  with  the  tolls,  income,  rents,  issues  and 
profits  of  the  same,  and  shall  have  power  to  maintain  and  operate 
the  same,  as  fully  as  might  have  been  done  by  the  Terre  Haute, 
Alton  and  St.  Louis  Railroad  Company ;  and  the  said  corporation 
shall  also  possess  and  enjoy  all  the  faculties,  powers,  authorities, 
immunities,  privileges  and  franchises,  at  any  time  held  by  the  said 
Terre  Haute,  Alton  and  St.  Louis  Railroad  Company,  or  by  any  of 
the  other  corporations  heretofore  consolidated  into  the  said  company 
or  conferred  on  the  said  company,  or  the  said  corporations,  or  either 
of  them,  by  any  act  or  law  of  this  State  or  of  the  State  of  Indiana, 
and  shall  have  capacity  to  hold  and  exercise,  without  this  State,  all 
the  said  faculties,  powers,  authorities,  privileges  and  franchises,  and 
all  others  which  may  hereafter  be  conferred  upon  it  by  or  under  any 
law  of  this  State  or  of  other  States  ;  and  the  said  St.  Louis,  Alton 
and  Terre  Haute  Railroad  Company,  when  formed,  in  pursuance  of 
this  act,  shall  have  power  to  create  and  issue  capital  stock,  in  shares  capital 
of  fifty  dollars  each,  and  to  such  aggregate  amount  as  shall  be  deemed 8tock' 
necessary  to  carry  out  the  objects  of  this  act,  not  exceeding  any 
amount  which  may  be  fixed  by  agreement  with  the  persons  forming 
the  said  new  corporation,  in  accordance  herewith  ;  and  may  establish 
preference,  in  respect  to  dividends,  in  favor  of  one  class  of  the  stock 
in  such  order  and  manner,  and  to  such  extent,  and  with  such  securi- 
ties as  it  may  deem  expedient,  not  exceeding  in  the  aggregate  any 

amount  fixed  as  aforesaid ;  and  may  confer  on  holders  of  any  bonds  Rights  of 
,  .  ,    .  .  ,      .   ,  bondhold- 

which  it  may  issue  or  assume  to  pay  such  rights  to  vote  at  all  meet- ere. 


24  RAILROAD   LAWS. 

ings  of  stockholders,  not  exceeding  one  vote  for  every  one  hundred 
dollars  of  the  par  amount  of  the  said  bonds,  as  may  by  it  be  deemed 
advisable ;  which  rights,  when  once  fixed,  shall  attach  to  and  pass 
with  such  bonds,  under  such  regulations  as  the  by-laws  may  prescribe, 
to  the  successive  holder  thereof,  but  shall  not  subject  any  holder  to 
assessment  by  the  said  company  or  to  any  liabilities  for  its  debts  or 
issuing  of  entitle  any  holder  to  dividends ;  and  the  said  corporation  may  make 
and  issue  its  bonds,  of  not  less  denomination  than  one  hundred  dol- 
lars each,  payable  at  such  times  and  places,  bearing  such  rates  of 
interest,  not  exceeding  seven  per  cent,  per  annum,  payable  semi-an- 
nually  at  such  place  or  places  as  may  be  agreed  upon,  as  it  may  deem 
expedient ;  and  may  hypothecate  or  sell  such  bonds,  within  or  with- 
out this  State,  when  issued,  to  raise  or  borrow  money,  at  a  price  not 
less  than  eighty  cents  on  the  dollar;  and  all  other  bonds  to  be  issued 
shall  be  sold  or  exchanged  at  par ;  and  in  no  case  shall  bonds,  whether 
hypothecated  or  sold,  become  a  debt  or  liability  of  the  corporation 
at  less  thau  eighty  cents  on  the  dollar ;  and  the  said  company  may 
secure  the  payment  of  any  bonds  which  it  may  make,  issue  or  assume 
Mortgage  ofto  pay,  by  mortgage  or  mortgages,  or  deed  or  deeds  of  trust  of  its 
prope  y.  raijroa(j}  or  anv  part  thereof,  or  any  other  of  its  property,  real  or 
persona],  and  may  include  in  any  such  mortgage  or  mortgages  or 
deed  or  deeds  of  trust  any  locomotives,  cars  and  other  rolling  stock 
or  equipments,  and  any  machinery,  tools,  implements,  fuel  and  ma- 
terials or  other  real  or  personal  estate,  whether  then  held  or  there- 
after to  be  acquired,  for  the  constructing,  operating,  repairing  or 
replacing  of  the  said  railroad,  or  any  part  thereof,  or  of  any  of  its 
equipments  or  appurtenances  ;  all  of  which  property  and  things,  so 
included,  whether  then  possessed  or  thereafter  to  be  acquired,  shall 
be  subject  to  the  lien  and  operation  of  every  such  mortgage  or  deed 
of  trust,  in  the  same  manner  and  with  the  like  effect  as  if  such  prop- 
erty constituted  a  part  of  such  railroad  ;  and  may  also  include  all 
franchises  held  by  the  said  corporation  and  connected  with  or  relating 
to  the  said  railroad ;  and  all  corporate  franchises  of  the  said  company, 
which  said  franchises  are  hereby  declared,  in  case  of  sale  by  virtue 
of  any  such  mortgage  or  deed  of  trust,  to  pass  to  the  purchaser  or 
purchasers,  so  as  to  enable  him  or  them  to  form  a  corporation,  in  the 
manner  herein  prescribed,  and  to  vest  in  such  corporation  all  the 
faculties,  powers,  authorities,  immunities,  privileges  and  franchises, 
conferred  by  this  act ;  and  the  said  corporation  may  do  all  things 


RAILROAD  LAWS.  25 

which  may  be.  necessary  or  convenient,  to  carry  into  full  effect  the 
powers  hereby  granted  ;  and  the  powers  hereby  conferred  may  be 
exercised  by  the  directors  thereof;  and  the  directors  of  said  new 
company  shall,  at  each  annual  meeting,  submit  to  the  stockholders 
a  report  in  detail  of  their  acts  and  doings. 

SEC.  3.  That  the  said  St.  Louis,  Alton  and  Terre  Haute  Railroad  Existing  iia- 
Company  shall,  within  six  months  after  its  organization,  have  power 
to  assume  such  debts,  liabilities  and  claims  against  said  Terre  Haute, 
Alton  and  St.  Louis  Railroad  Company,  and  make  such  settlements 
or  adjustments  with  any  of  the  stockholders  or  other  parties  inter- 
ested therein,  as  it  may  deem  proper  and  as  is  provided  for  in  this 
act ;  and  for  such  purpose  may  use  such  portion  of  the  stock  or 
bonds  hereby  authorized  to  be  created,  and  in  such  manner  as  is  in 
and  by  this  act  directed  and  provided. 

SEC.  4.  That  in  case  the  Terre  Haute,  Alton  and  St.  Louis  Rail-  Sale  under 
road,  or  any  part  thereof,  may  have  been  or  shall  be  decreed  by  any 
court  of  this  State,  or  by  any  circuit  court  of  the  United  States,  for 
a  district  in  which  any  part  of  said  railroad  is  situated,  to  be  sold  by 
virtue  of  any  mortgage  or  mortgages  or  deed  or  deeds  of  trust  upon 
the  same,  containing  a  power  of  sale  to  the  trustee  or  trustees,  it 
shall  be  lawful  for  the  said  trustee  or  trustees  to  unite  with  the 
proper  officers  in  making  such  sale,  or,  under  the  order  of  the  court, 
to  make  such  sale,  at  the  time  and  place  appointed  by  the  court, 
and  with  such  notice  as  may  be  ordered  by  the  court,  and  to  execute 
a  conveyance  of  the  said  railroad,  or  the  part  thereof  that  may  be 
sold ;  and  such  sale  and  conveyance  shall  be  a  valid  and  effectual 
execution  of  the  powers  of  sale  and  conveyance  contained  in  the  said 
mortgage  or  mortgages  or  deed  or  deeds  of  trust,  and  shall  operate 
to  invest  the  purchasers  with  the  title  to  the  railroad  property,  and 
things  sold,  as  aforesaid,  freed  and  discharged  from  all  right  and 
equity  of  redemption  by  the  mortgagor  or  junior  incumbrances  or 
any  other  party  whatsoever. 

SEC.  5.   That  full  authority  is  hereby  given  to  the  corporate  Transfers 
authorities  of  the  several  counties,  townships,  cities,   villages   or  ^ednt  a8Si8n- 
municipal  corporations,  owning  stock  in  said  company,  and  to  all 
persons  holding  stock  in  the  said  company,  in  any  fiduciary  capacity, 
to  transfer,  assign  or  surrender  the  same,  and  to  accept  and  receive, 
under  the  organization,  such  portion  of  new  stock  as  may  be  appor- 
tioned to  the  stock  so  owned  or  held. 


26  RAILROAD  LAWS. 

Meetings  of     SEC.  6.  The  said  St.   Louis,  Alton  and  Terre  Haute  Railroad 

stocthold-      _  .  .  .       .  . 

e«.  Company,  when  organized,  as  in  this  act  provided,  may  hold  meet- 

ings of  stockholders  or  of  directors,  or  both,  either  at  St.  Louis,  in 
the  State  of  Missouri,  or  at  Terre  Haute,  in  the  State  of  Indiana,  as 
well  as  in  this  State ;  and  the  said  company  or  corporation  is  hereby 
expressly  and  forever  prohibited  from  having  its  treasury  or  any 
office  or  place  of  business  at  any  point  out  of  the  limits  of  the  State 
of  Illinois,  other  than  at  Terre  Haute  and  at  St.  Louis. 

Certificates  SEC.  7.  All  the  powers  and  franchises,  by  this  act  conferred,  and 
the  right  to  exercise  the  same,  as  a  body  corporate,  shall  become 
null  and  void  unless  the  said  St.  Louis,  Alton  and  Terre  Haute 
Railroad  Company  shall,  within  six  months  after  its  organization,  as 
is  herein  provided  for,  provide,  as  is  hereinafter  directed,  for  the 
junior  incumbrances,  general  creditors,  unsecured  by  deed  of  trust 
or  mortgage,  and  stockholders  in  the  Terre  Haute,  Alton  and  St. 
Louis  Railroad  Company,  by  issuing  to  the  junior  incumbrances, 
creditors  and  stockholders  certificates  of  stock  in  said  St.  Louis, 
Alton  and  Terre  Haute  Railroad  Company,  as  herein  provided,  that 
is  to  say  :  for  the  amount  due  upon  the  third  and  fourth  mortgage 
bonds  of  the  said  Terre  Haute,  Alton  and  St.  Louis  Railroad  Com- 
pany, calculating  interest  on  such  bonds  and  on  the  past  due 
coupons  pertaining  to  such  bonds,  at  the  rate  of  seven  per  cent,  per 
annum,  and  providing  only  for  such  bonds  as  have  been  actually 
sold  and  for  the  amount  for  which  the  same  have  been  sold,  in 
preferred  stock  of  said  St.  Louis,  Alton  and  Terre  Haute  Railroad 
Company,  upon  which  preferred  stock  dividends,  at  a  rate  not 
exceeding  seven  per  cent,  may  be  paid  till  the  common  stock  here- 
inafter provided  for  shall  receive  a  like  dividend,  and  then  such 
preferred  stock  shall  receive  equal  dividends  with  the  common 
stock,  for  the  excess  of  dividends  to  be  declared ;  for  all  other  credi- 
tors, common  stock,  for  the  full  amount  of  their  debts,  and  to 
stockholders  for  bona  fide  stock  by  them  held,  stock  for  the  half  of 
the  stock  by  them  so  held:  Provided,  That  the  board  of  directors 
provided  for  in  this  act  shall  have  power,  and  it  shall  be  their  duty 
to  pass  necessary  by-laws  for  the  adjustment  and  settlement  of  the 

Settlement    floating  debt  that  has  heretofore  accrued  along  the  line  of  said 

debts°at  ng  railroad  :  Provided,  further,  That  nothing  herein  shall  prevent  the 
directors  of  said  St.  Louis,  Alton  and  Terre  Haute  Railroad  Com- 
pany from  issuing  preferred  stock  to  any  of  the  unsecured  creditors 


RAILROAD   LAWS.  27 

of  the  Terre  Haute,  Alton  and  St.  Louis  Railroad  Company,  when 
the  equities  of  such  claim  shall,  in  the  judgment  of  the  directors, 
demand  such  preference :  And,  provided  farther,  That  no  person, 
bond-holder,  creditor  or  stockholder,  shall  have  the  benefit  of  this 
section  without  surrendering  and  transferring  to  the  St.  Louis,  Alton 
and  Terre  Haute  Railroad  Company,  within  the  time  aforesaid,  the 
bonds,  claims,  demands  or  stock  for  which  he  shall  desire  the  issue 
of  new  stock  by  the  St.  Louis,  Alton  and  Terre  Haute  Railroad 
Company :  And,  provided  further,  That  the  said  St.  Louis,  Alton 
and  Terre  Haute  Railroad  Company  shall  proceed  to  fence  the  line 
of  said  road,  and  shall  expend  thereon  at  least  twenty  thousand 
dollars,  in  each  and  every  year,  till  the  line  of  said  railroad  is  com- 
pletely fenced. 

SEC.  8.   After  the  reorganizing  and  the  formation  of  a  corpora-  Kil]lng  of 
tion,  as  herein  provided,  all  persons  who  may  have  stock  killed,  (and 8tockt 
for  the  killing  of  which  the  said  company  may  be   legally  liable,) 
and  also  all  persons  who  may  furnish,  by  contract,  wood,  ties  or 
other  materials  or  supplies,  or  work  and  labor,  of  any  kind,  for  the 
use,  maintenance,  improvement  or  operation  of  said  railroad,  shall, 
to  secure  the  payment  therefor,  have  a  prior  lien  over  all  other  and 
future  mortgages,  deeds  of  trust  or  other  incumbrances  upon  the 
said  railroad  and  all  equipments,  machines,  tools,  property  and  other 
things  connected  therewith. 

SEC.  9.   The  said  St.  Louis,  Alton  and  Terre  Haute  Railroad  Freigllt  ta- 
Company  shall  have  the  right  to  fix  the  rates  of  toll  or  tariff  for  all riff8t 
passengers  or  freight,  transported  over  the  line  of  their  said  road, 
with  such  discrimination  as  to  them  shall  seem  most  conducive  to 
the  interests  of  said  road. 

SEC.  10.   The  said  St.  Louis,  Alton  and  Terre  Haute  Railroad  sale  of  real 
Company  shall  have  power  to  bargain,  sell  and  convey  any  real68 
estate  which  they  may  hold  or  acquire,  and  which  is  not  necessary 
to  the  business  operations  or  use  of  said  road ;  and  any  mortgage 
or  deed  of  trust  executed  by  said  St.  Louis,  Alton  and  Terre  Haute 
Railroad  Company  shall  not  be  a  lien  on  any  of  such  real  estate. 

SEC.  1 1 .   The  earnings  of  said  road,  after  paying  the  operating  Application 
and  contingent  expenses  of  said  road,  and  the  paying  of  all  necessary  1^^°  earn" 
repairs  and  improvements,  shall  be  applied,  first,  to  the  payment  of 
interest  on  the  bonds  of  said  road,  which  now  are  a  lien,  as  well  as 
those  to  be  hereafter  issued,  according  to  the  order  of  their  priori- 


28  RAILED  AD   LAWS. 

ties ;  next,  in  providing  for  a  sinking  fund  for  the  retirement  of 
such  bonds,  which  sinking  fund  shall  not  exceed  two  per  cent.  of. 
the  gross  earnings  of  said  road,  in  each  year ;  and,  next  in  the  pay- 
ment of  dividends  on  the  stock,  according  to  the  order  of  priorities 
of  the  stock,  as  hereinbefore  provided. 

Payment  of  SEC.  "12.  All  bona  fide  claims  or  judgments,  for  stock  heretofore 
killed  by  the  Terre  Haute,  Alton  and  St.  Louis  Railroad,  and  all 
claims  for  right  of  way  on  that  part  of  the  road  from  Belleville  to 
Illinoistown,  and  all  just  dues  for  work  and  labor  done  and  for  wood 
and  ties  furnished  or  taken  for  the  said  Terre  Haute,  Alton  and  St. 
Louis  Railroad  Company,  and  all  judgments  had  for  the  same, 
which  have  not  been  arranged  or  settled  by  said  Terre  Haute,  Alton 
and  St.  Louis  Railroad  Company,  shall  be  assumed  and  paid  by  the 
St.  Louis,  Alton  and  Terre  Haute  Railroad  Company  as  a  condition 
precedent  to  the  operation  of  this  act. 

SEC.   13.   This  shall  be  deemed  a  public  act,  and  take  effect  and 
be  in  force  from  and  after  its  passage. 

APPROVED  February  18,  1861. 


CHARTER 

OF  THE 

ST.  LOUIS,  ALTON  &  TERRE  HAUTE  RAILROAD  CO., 

OF  THE  STATE  OF  INDIANA. 


APPROVED  MARCH  5,  1861. 


AN  ACT 

To  legalize,  authorize  aad  regulate  the  sale  of,  and  to  perfect  the  title 
of  purchasers  of  railroads  heretofore  sold  or  hereafter  to  be  sold  by 
foreclosure  or  other  proceedings  in  law  or  equity,  and  to  enable 
them  to  organize  corporations,  and  to  exerciie  corporate  and  other 
powers,  to  provide  for  the  payment  of  stock  injured  by  such  cor- 
poration, and  to  provide  for  the  payment  of  ticket  and  freight 
balances. 

SECTION  1.   Be  it  enacted  by  the  General  Assembly  of  the  State  O/"HOW  re-ad- 
Indiana:  That  in  case  a  majority  in  interest  of  the  creditors  of  aiap^Hza-0* 
railroad  company,  and  the  majority  in  interest  of  the  stockholders  u^and6*1" 
of  such  company  shall  agree  upon  a  plan  for  the  readjustment  or  mayklbed ef- 
capitalization  of  the  debt  and  stock  thereof,  thereupon  an  agreement fected- 
as  aforesaid,  either  before  or  after  a  sale  of  said  railroad  under 
judicial  proceedings,  and  a  purchase  at  such  sale  by  trustees  on 
behalf  of  the  parties  to  such  agreement,  all  the   franchises  and 
powers,  including  the  franchises  to  act  as  a  corporation,  conferred  by 
the  charter  of  such  railroad  company,  shall  pass  by  such  sale  and 
vest  in  the  said  trustees,  together  with  the  railroad  and  all  the  other 
property  embraced  in  the  sale ;  and  in  case  any  railroad  situate 
wholly  or  partly  within  this  State,  or  any  part  thereof  situate  within 
this  State,  shall,  in  pursuance  of  such  agreement,  be  sold  by  virtue 
of  any  mortgage  or  mortgages,  or  deed  or  deeds  of  trust,  either  by 


30  RAILROAD  LAWS. 

foreclosure  or  other  proceeding  in  law  or  equity,  or  pursuant  to  any 
power  in  such  mortgage  or  mortgages,  or  deed  or  deeds  of  trust 
contained,  or  by  the  joint  exercise  of  those  authorities  as  hereafter 
provided,  the  purchaser  or  purchasers  of  the  same,  or  their  survivor 
or  survivors,  or  they  or  their,  or  he  and  his  associates,  may  form  a 
corporation  by  filing  in  the  office  of  the  Secretary  of  State,  a  certifi- 
cate under  their  or  his  signature,  specifying  the  name  of  such 
corporation,  the  number  of  directors,  the  names  of  the  first  directors, 
and  the  period  of  their  service,  not  exceeding  one  year,  the  amount 
of  the  original  capital,  and  the  number  of  shares  into  which  such 
capital  is  to  be  divided ;  and  the  persons  signing  the  said  certificate 
and"' their  successors  shall  be  a  body  politic  and  corporate  by  the 
name  therein  specified ;  and  a  copy  of  such  certificate,  attested  by 
the  signature  of  the  Secretary  of  State  or  his  deputy,  shall  in  all 
courts  and  places  be  evidence  of  the  due  organization  and  existence 
of  the  said  corporation,  and  of  the  facts  in  the  said  certificate 
stated  :  Provided,  That  no  sale  under  the  provisions  of  this  act 
shall  be  valid  unless  notice  thereof,  stating  time  and  place  of  sale, 
shall  have  been  published  in  some  newspaper  of  general  circulation 
in  the  city  of  New  York,  and  also  by  publishing  said  notice  in  at 
least  one  newspaper  of  general  circulation  published  in  each  county 
in  this  State  through  which  said  railroad  may  run,  not  less  than 
thirty  nor  more  than  sixty  days  at  the  discretion  of  the  court  order- 
ing said  sale,  immediately  preceding  said  sale ;  and  all  sales  of 
railroads  made  under  the  order  or  decree  of  a  court  of  record,  are 
hereby  legalized  as  fully  as  though  the  sale  had  been  made  in 
pursuance  of  this  act:  Provided,  That  nothing  herein  contained 
shall  be  construed  to  legalize  the  decree  itself,  or  to  correct  any 
error  therein,  or  to  legalize  the  sale  or  conveyance  of  any  real  estate 
by  or  to  any  railroad  company,  or  to  legalize  any  consolidation  by 
any  railroad  companies  in  this  State,  but  only  to  confirm  the  sale  of 
the  road  bed,  depot  grounds,  and  such  realty  as  is  essential  to  the 
operations  of  the  railroad,  including  also  the  rolling  stock,  machin- 
ery and  equipment  upon  the  road  as  embraced  in  the  decree. 
Power  to  be  SEC.  2.  Such  corporation  shall  possess  all  the  powers,  rights, 
amTenjoyed  privileges,  immunities,  faculties  and  franchises  in  respect  to  the  said 
era. purchas "railroad,  or  the  part  thereof  purchased  as  aforesaid,  which  were 
possessed  or  enjoyed  by  the  corporation  that  owned  or  held  the  said 
railroad  previous  to  such  sale  by  virtue  of  its  charter,  or  amend- 


RAILROAD   LAWS.  31 

ments  thereto,  or  other  laws  of  this  State,  or  of  any  State,  not 
inconsistent  with  the  laws  of  this  State  in  which  any  part  of  the  said 
railroad  is  situate,  and  shall  also  have  power,  by  agreement  of  the 
persons  forming  the  said  corporation  as  aforesaid,  or  by  a  vote  of  a 
majority  in  the  interest  of  the  stockholders  at  any  time  within  six 
months  after  the  formation  of  the  said  corporation,  to  assume  any 
debts  or  liabilities  of  the  corporation  which  owned  or  held  the  said 
railroad  before  the  said  sale ;  and  in  like  manner  and  within  a  like 
period  to  make  such  adjustments  with  any  stockholders  of  the  said 
last  mentioned  corporation  as  it  may  deem  expedient,  and  for  the 
said  purposes  to  use  such  portions  of  the  bonds  and  stock  it  may  be 
authorized  to  create  as  it  may  deem  necessary,  and  in  such  manner 
as  it  may  deem  proper;  and  shall  also  have  power  to  make  and 
issue  bonds  payable  at  such  times  and  places,  and  bearing  such 
rates  of  interest  as  it  may  deem  expedient,  and  to  sell  or  dispose  of 
such  bonds  at  such  prices,  and  in  such  manner  as  it  may  deem 
proper;  and  to  secure  the  payment  of  any  bonds  which  it  may 
make,  issue  or  assume  to  pay,  by  a  mortgage  or  mortgages,  or  deed 
or  deeds  of  trust  of  its  railroad,  or  of  any  part  thereof,  or  any  other 
of  its  property,  real  or  personal ;  and  may  include  such  in  mortgage 
or  mortgages,  or  deed  or  deeds  of  trust,  any  locomotives,  cars,  and 
other  rolling  stock  and  equipments,  and  any  machinery,  tools, 
implements,  fuel  and  materials,  whether  then  held  or  thereafter  to 
be  acquired,  for  the  constructing,  operating,  repairing  or  replacing 
the  said  railroad,  or  any  part  thereof,  or  any  of  its  equipments,  or 
appurtenances,  all  of  which  property,  so  included,  whether  then  held 
or  thereafter  to  be  acquired,  shall  be  subject  to  the  lien  and  opera- 
tion of  such  mortgage  or  mortgages,  or  deed  or  deeds  of  trust,  all 
franchises  held  by  the  said  corporation  and  connected  with  or 
relating  to  the  said  railroad,  and  all  corporate  franchises  of  the  said 
company,  which  said  franchises,  in  case  of  sale  by  virtue  of  any  such 
mortgage  or  mortgages,  or  deed  or  deeds  of  trust,  are  hereby 
declared  to  pass  to  the  purchasers  so  as  to  enable  them  to  form  a 
corporation  in  the  manner  herein  prescribed,  and  to  vest  in  such 
corporation  all  the  faculties,  powers,  authorities,  immunities  and 
franchises  conferred  by  this  act ;  and  the  said  corporation  shall  have 
power  to  establish  sinking  funds  for  the  redemption  of  any  of  its 
debts,  and  shall  likewise  have  power  to  issue  capital  stock  to  such 
aggregate  amount  as  it  shall  deem  necessary,  not  exceeding  any 


32  RAILROAD   LAWS. 

limitation  which  may  be  fixed  by  agreement  with  the  persons  form- 
ing the  said  company  in  the  manner  hereinbefore  provided,  and  may 
establish  preference  in  respect  to  dividends  in  favor  of  one  or  more 
classes  of  the  said  stock  in  such  order  and  manner,  and  to  such 
extent  and  with  securities  as  it  may  deem  expedient,  and  may  confer 
on  holders  of  any  bonds  which  it  may  issue  or  assume  to  pay,  such 
rights  to  vote  at  all  meetings  of  stockholders,  not  exceeding  one 
vote  for  every  one  hundred  dollars  of  the  par  amount  of  the  said 
bonds,  as  may  by  it  be  deemed  advisable,  which  rights,  when  once 
fixed,  shall  attach  to  and  pass  with  such  bonds  under  such  regula- 
tions as  the  by-laws  may  prescribe  to  the  successive  holders  thereof, 
but  shall  not  subject  any  holders  to  any  assessment  by  the  said 
company,  or  to  any  liability  for  its  debts,  or  entitle  any  holder  to 
dividends ;  and  the  said  corporation  shall  also  have  capacity  to  hold 
and  enjoy  and  exercise  within  other  States  the  aforesaid  faculties, 
powers,  rights,  immunities  and  franchises,  and  such  others  as  may 
be  conferred  upon  it  by  any  law  of  the  State,  or  of  any  other  State 
in  which  any  part  of  its  railroad  may  be  situate,  or  in  which  it  may 
do  any  part  of  its  business,  and  to  hold  meetings  of  stockholders 
and  directors,  and  do  all  corporate  acts  and  all  things  without  this 
State  as  validly  as  it  may  do  the  same  within  this  State, 
in  case  any  SEC.  3.  In  case  the  part  situate  within  this  State  of  any  railroad, 

road  in  this  .....  .  in.  •>  • 

state,  a  part  a  part  or  which  is  situate  in  another  btate,  shall  become  vested  in  a 
nte  in  ano-  corporation  of  such  other  State,  and  such  corporation  shall  also 
shall  be-  '  acquire  a  part  situate  in  such  other  State  of  the  said  railroad,  the 

come  vested      •  •,  .  •  •  ,         .  •  .1  •       .1  •      ,^, .        r       ,•> 

in    corpora-  said  corporation  may  exercise  and  enjoy  within  this  State  for  the 
other0  state,  the  purpose  of  the  said  railroad  and  its  business,  so  far  as  it  may  be 
exercised!618  endowed  by  the  laws  of  the  State  of  its  creation  with  capacity  to  do 
so,  all  the  powers,  rights,  faculties,  privileges,  immunities  and  fran- 
chises enumerated  in  section  second  of  this  act,  and  its.  mortgages  or 
trust  deeds  shall  operate  as  therein  specified. 

Order  of  Hen  SEC.  4.  Next  in  the  order  of  lien  to  the  existing  mortgage  debt 
old  compa-of  the  old  road  shall  stand  the  amounts  due  persons  for  labor  per- 
formed, and  wood  and  other  such,  materials  furnished  the  old  com- 
pany in  running  the  road,  and  damages  for  killing  stock,  and  right 
of  way  :  Provided,  That  all  the  property  of  said  company  shall  be 
liable  for  damages  recovered  against  said  company  for  stock  killed 
or  injured  by  them,  and  exempt  from  mortgage  liens. 

SEC.  5.    So  much  of  any  railroad  as  lies  in  this  State  and  is 


RAILROAD   LAWS.  33 

embraced  in  the  mortgage  or  mortgages  sought  to  be  foreclosed  may  Part  of  road 
be  sold  at  such  sale  as  an  entirety,  and  the  court  making  a  decree  or  J^y  behold 
order  of  sale  may  declare  in  the  order  where  the  principal  office  of  °"r^  fo^cl^ 
the  railroad  company  is  situate  within  the  State,  and  may  order  the  ^"^hat 
sale  to  be  made  at  the  court  house  door  of  the  county  in  which  the  ^"[^  ™y 
principal  office  within  the  State  is  situate.  order- 

SEC.  6.   In  case  of  the  sale  of  a  railroad  or  any  part  thereof,  as  ^hat  power 
in  the  first  section  of  this  act  mentioned,  full  power  is  hereby  given  Ration  C°in 
to  the  corporate  authorities  of  the  several  counties,  cities,  townships  case 
and  other  municipal  corporations  holding  stock  in  the  company  by 
which  such  railroad  was  owned,   and  to   all  persons  holding  such 
stock  in  a  fiduciary  capacity  to  surrender  or  assign  such  stock,  and 
to   accept  and  receive  such   new  stock  in  any  corporation  which, 
after  such  sale,  may  become  the  owners  of  said  railroad  or  any  part 
thereof,  as  may  be  apportioned  or  given  in  respect  to  the  said  first 
mentioned  stock  under  any  reorganization  of  the  ownership  of  the 
said  railroad. 

SEC.  7.   That  no  purchaser  or  purchasers  of  any  railroad  shall  be  purcliager8 
entitled  to  any  rights  or  benefits  under  this  act  until  such  purchaser  y1^  £0e  en~ 
or  purchasers  shall  first  assume  and  pay  in  money  or  first  class  or  de^thVact, 
satisfactory  securities,  to  be  issued  by  the  new  corporation  formed  ^Jj.^*111 
upon  the  sale  or  transfer  of  any  railroad  as  herein  provided  for,  as  the  ^^plied 
creditor  or  creditors  may  elect,  all  ticket   balances  and  back  charges 
for  freight,  with  interest,  whether  due  upon  account,  judgment  of  a 
court  of  record,  bond,  note   or  other  instrument  in  writing,  which 
the  former  railroad  corporation  may  have  owed  or  been  in  arrears 
for,  to  any  connecting  railroad  company  operating  a  railroad  entirely 
or  in  part  in  this  State. 

SEC.  8.   This  act  may  be  amended  or  repealed  at  the  discretion  Legislative 

,.  . ,      T       .  ,    .  discretion. 

of  the  Legislature. 

SEC.  9.   It  is  hereby  declared  that  an  emergency  exists  for  the  Emergency 
immediate  taking  effect  of  this  act,  and  therefore  the  same  shall  be  de< 
in  force  from  and  after  its  passage. 

APPROVED  March  5,  1861. 


34  RAILROAD    LAWS. 

I 

AN    ACT 

To  authorize  the  St.  Louis,  Alton  and  Terre  Haute  Railroad  Com- 
pany to  extend  its  railroad  and  form  a  connection  with  the  Illi- 
nois Central  Railroad. 

Power  to  ex-      SECTION  1.    Be  it  enacted  by  the  People  of  the   State  of  Illinois, 

tend  road  . 

and  form  a  represented  in  the  General  Assembly :  That  the  St.  Louis,  Alton  and 
with  the  11-  Terre  Haute  Railroad  Company  shall  have  power,  and  it  is  hereby 

linois  Cen-  .  .  .  .f        ,     .  , 

trai  Bail-  authorized  to  extend  its  railroad  from  its  present  terminus,  in  the 
city  of  Belleville,  in  the  county  of  St.  Clair^in  a  south-easterly  direc- 
tion to  the  Illinois  Central  Railroad,  and  to  unite  and  form  a  con- 
nection with  the  same,  and  for  that  purpose  full  power  is  given  to 
said  company  to  make  and  execute  such  contracts  with  any  other 
company  as  will  secure  the  construction  of  said  road  and  the  object 
of  said  connection. 

Corporate         SEC.  2.    That  said  St.  Louis,  Alton  and  Terre  Haute  Railroad 

powers. 

Company  in  the  extension  aforesaid,  and  in  the  construction  and 
operation  of  a  railroad  from  Belleville,  in  St.  Clair  county,  to  the 
Illinois  Central  Railroad,  shall  have,  possess  and  exercise  all  the 
powers,  faculties,  privileges,  immunities  and  franchises  now  and  at 
any  time  held  by  said  company,  or  by  the  Terre  Haute,  Alton  and 
St.  Louis  Railroad  Company  during  its  existence  by  or  under  any 
law  of  this  State,  and  shall  also  have  power  to  create  and  issue 
issue  addi-  additional  stock  and  to  such  aggregate  amount  as  shall  be  deemed 

tional  stock.  3t 

4  necessary  to  carry  out  the  objects  of  this  act. 

SEC.  3.   This  act  shall  be  deemed  a  public  act  and  shall  take  effect 
and  be  in  force  from  and  after  its  passage. 

S.  A.  BUCKMASTER, 
Speaker  of  the  House  of  Representatives. 
FRANCIS  A.  HOFFMAN, 

Speaker  of  the  Senate. 
APPROVED  February  13,  1863. 

RICH'D  YATES,  Governor. 

UNITED  STATES  OF  AMERICA,!  cs 

>•  OS. 

STATE  OF  ILLINOIS. 

I,  O.  M.  HATCH,  Secretary  of  State,  of  the  State  of  Illinois,  do  hereby 
certify  that  the  foregoing  is  a  true  copy  of  an  enrolled  law  now  on  file  in 
my  office. 

In  witness  whereof  I  have  hereunto  set  my  hand,  and  affixed  the  great 
[L.  s.]  seal  o'f  State,  at  the  city  of  Springfield,  this  first  day  of  August 
A.  D.  1863.  O.  M.  HATCH,  Secretary  of  State. 


RAILKOAD  LAWS.  35 


AN    ACT 

To  authorize  and  empower  the  St.  Louis,  Alton  and  Terre  Haute 
Railroad  Company  to  extend  its  railroad,  and  to  construct  a 
railroad  from  Paris,  in  Edgar  county,  so  as  to  form  a  connec- 
tion with  the  Wabash  Valley  Railroad. 

SECTION  1.    Be  it  enacted  by  the  People  of  the   State  of  Illinois,  power  to 
represented  in  the  General  Assembly  :  That  the  St.  Louis,  Alton  and  wabasiT1 
Terre  Haute  Railroad  Company  shall  have  power,  and  is  hereby  Valley  Kail- 
authorized,  to  extend  its  railroad   and   unite   the  eame  with   the 
Wabash  Valley  Railroad,  and  for  that  purpose  to  build  and  construct 
a  railroad  from  Paris,  in  Edgar  county,  in  a  north-easterly  direction 
to  the  State  line  between  the  States  of  Illinois  and  Indiana,  with 
the  view  of  forming  a  connection  with  the  Wabash  Valley  Railroad, 
and  for  that  purpose  full  power  is  hereby  given  to  said  company 
to  make  and  execute  such  contracts  with  any  other  company  as 
will  secure  the  construction  of  said  road  and  the  objects  of  said 
connection. 

SEC.  2.  The  said  St.  Louis,  Alton  and  Terre  Haute  Railroad  Com- 
pany in  the  construction  and  operation  of  said  railroad  from  Paris 
to  the  State  line,  and  for  the  purposes  of  said  extension  and  con- 
struction, shall  have,  possess  and  exercise  all  the  powers,  facilities, 
privileges,  immunities  and  franchises  now  and  at  any  time  held  by 
said  company,  or  held  by  the  Terre  Haute,  Alton  and  St.  Louis 
Railroad  Company  during  its  existence  by  or  under  any  law  of  this 
State  ;  and  shall  also  have  power  to  create  and  issue  additional  stock  May  issue 

additional 

and  to  such  aggregate  amount  as  shall  be  deemed  necessary  to  carry  stock, 
out  the  object  of  this  act. 

SEC.  3.  This  act  shall  be  deemed  a  public  act  and  shall  take 
effect  and  be  in  force  from  and  after  its  passage. 

S.  A.  BUCKMASTEK, 
Speaker  of  the  House  of  Representatives. 
FKANCIS  A.  HOFFMAN, 

Speaker  of  the  Senate. 
APPROVED  February  20,  1863. 

KICH'D  YATES,  Governor. 
3 


36  RAILROAD    LAWS. 

UNITED  STATES  OF  AMERICA,  1  00 

/•  ss«  . 

STATE  OF  ILLINOIS. 

I,  O.  M.  HATCH,  Secretary  of  State,  of  the  State  of  Illinois,  do  hereby 
certify  that  that  the  foregoing  is  a  true  copy  of  an  enrolled  law  now  on 
file  in  my  office. 

In  witness  whereof  I  have  hereunto  set  my  hand,  and  affixed  the  great 
[L.  s.]  seal  of  the  State,  at  the  city  of  Springfield,  this  first  day  of  August, 
A.  D.  1863.  "  O.  M.  HATCH,  Secretary  of  State. 


.  CERTIFICATE  OF  INCORPORATION, 
Saint  Louis,  Alton  and  Terre   Haute   Railroad  Company. 

Preamble.  WHEREAS,  We,  the  undersigned,  have  become  the  purchasers  of 
the  Terre  Haute,  Alton  and  St.  Louis  Railroad,  extending  from 
Terre  Haute,  in  the  State  of  Indiana,  to  East  St.  Louis,  or  Illinois- 
town,  in  the  State  of  Illinois,  and  from  lllinoistown  to  Belleville, 
and  from  the  Junction  to  Alton,  in  the  State  of  Illinois : 

AND  WHEREAS,  The  said  purchase  was  made  by  us,  at  a  sale 
thereof  made  by  virtue  of  certain  mortgages  or  deeds  of  trust,  under 
the  decrees  of  the  Circuit  Court  of  the  United  States,  for  the  South- 
ern District  of  Illinois,  and  the  Circuit  Court  of  the  United  States, 
for  the  District  of  Indiana,  and  pursuant  to  the  powers  in  such 
mortgages  or  deeds  of  trust  contained,  executed  in  compliance  with 
the  aforesaid  decrees. 

Now,  In  conformity  to  the  provisions  of  an  act  of  the  Legislature 
of  the  State  of  Illinois,  entitled  "  An  act  to  perfect  the  title  of  the 
purchasers  of  the  Terre  Haute,  Alton  and  St.  Louis  Railroad,  and 
to  enable  such  purchasers,  when  the  road  is  sold,  to  form  a  corpora- 
tion, and  defining  the  rights  and  duties  of  such  corporation," 
approved  by  the  Governor,  February  18th,  1861,  we,  the  under- 
signed purchasers  of  the  said  Terre  Haute,  Alton  and  St.  Louis 
Railroad,  do  hereby  certify  : 

Name  of          First,  That  the  name  of  the  corporation  organized  pursuant  to 

corporation.  the  aforesaid    &^  shaU   be   the    «  gt  Louigj  A|ton    and  Terre   Haute 

Railroad  Company." 

Thirteen  di-      Second,  That  the  number  of  directors  of  the  said  company  shall 
rectors.        ^Q  ti)jrteen<  unt,ji  such  number  shall  be  altered  in  the  manner  by 

law  provided. 


RAILROAD   LAWS.  37 

Third,  That  the  names  of  the  first  directors  are :  Robert  Bayard,  Names  of 
John  G.  Richardson,  Pickering  Clark,  Charles  Butler,  Russell  Sage, 
Samuel  J.  Tilden,  William  D.  Griswold,  Gustavus  Koerner,  Anthony 
Thornton,  John   S.  Hayward,  Levi  Davis,  Hiram  Sanford,  Ralph 
Tousey. 

Fourth,  That  the  period  of  service  of  such  first  directors  shall  be  Period  of 
and  continue  until  the  second  Thursday  of  June,  1863. 

Fifth.  That  the  amount  of  the  original  capital  stock  of  the  said  Amount  of 

original  cap- 

company   shall    be   three    millions   and   seven    hundred    and   fifty  it»i  stock, 
thousand  dollars,  and  the  number  of  shares  into  which  the  said  capital  Number  of 

. '  t  t  r         shares. 

stock  is  to  be  divided,  shall  be  thirty-seven  thousand  and  five  hun- 
dred, which  amount  shall  include  the  preferred  stock  as  well  as  the 
common  stock ;  Provided,  That  such  portion  of  the  said  stock  as 
shall  not  be  issued  within  six  months  from  the  filing  of  this  certifi- 
cate, shall  be  cancelled. 

In  witness  whereof,  we  have  hereunto  set  our  hands,  this  nine- 
teenth day  of  June,  in  the  year  one  thousand  eight  hundred  and 

sixty  t\vo. 

EGBERT  BAYAKD, 

SAMUEL  J.  TILDEN, 
JOHN  G.  RICHAEDSON, 
JOSEPH  TUCKEEMAN, 
RUSSELL  SAGE. 


UNITED  STATES  OF  AMEEICA, 
STATE  OF  ILLINOIS. 

I,  0.  M.  HATCH,  Secretary  of  State,  of  the  State  of  Illinois,  do  hereby 
certify  that  the  foregoing  is  a  true  copy  of  the  certificate  of  incorporation 
of  the  St.  Louis,  Alton  and  Terre  Haute  Eailroad  Company,  now  on  file 
in  my  office. 

In  witness  whereof,  1  have  hereunto  set  my  hand,  and  affixed  the  great 
seal  of  State,  at  the  city  of  Springfield,  this  fourth  day  of  June, 
[L.  s,]  A.  D.  1863. 

O.  M.  HATCH,  Secretary  of  State. 


GENERAL  RAILROAD  LAW  OF  ILLINOIS. 


APPROVED,  NOVEMBER  5,  1849. 


AN    ACT 

To  provide  for  a   General  System  of  Railroad  Incorporations. 
Corporation,      SECTION  1.    Be  it  enacted  by  the  People  of  the   State  of  Illinois, 

how  formed.  ~  ,  ,         „..  ,, 

represented  in  the  General  Assembly :  That  any  number  ot  persons, 
not  loss  than  twenty-five,  being  subscribers  to  the  stock  of  any  con- 
templated railroad,  may  be  formed  into  a  corporation  for  the  pur- 
pose of  constructing,  owning  and  maintaining  such  railroad,  by  com- 
plying with  the  following  requirements :  When  stock  to  the  amount 
of  at  least  one  thousand  dollars  for  every  mile  of  said  road,  so 
intended  to  be  built,  shall  be  in  good  faith  subscribed,  and  ten  per 
centum  paid  thereon,  as  herein  required,  then  the  said  subscribers 
Directors.  may  clect  directors  for  the  said  company  ;  thereupon  they  shall  sev- 
ivticies  of  erally  subscribe  articles  of  association,  in  which  shall  be  set  forth  the 

association.  ,  .  ,  . 

name  ot  the  corporation,  the  number  or  years  the  same  is  to  con- 
tinue, which  shall  not  exceed  fifty  years,  the  amount  of  the  capital 
stock  of  the  company,  which  shall  be  the  actual  cost  of  constructing 
the  road,  together  with  the  cost  for  the  right  of  way,  motive  power 
and  every  other  appurtenance  for  the  completion  and  running  of 
said  road,  as  nearly  as  can  be  estimated  by  competent  engineers ; 
the  number  of  shares  of  which  said  stock  shall  consist ;  the  number 
of  directors,  and  their  names,  to  manage  the  concerns  of  the  com- 
pany, who  shall  not  be  one-half  in  the  number  of  the  stockholders, 
and  shall  hold  their  offices  until  others  are  elected  ;  the  place  from 
and  to  which  the  proposed  road  is  to  be  constructed,  and  each 
county  into  or  through  which  it  is  intended  to  pass,  and  its  length, 
Commis-  as  near  as  may  be,  and  the  names  of  five  commissioners  to  open 
books  of  subscription  to  the  stock.  Each  subscriber  to  such  articles 
of  association  shall  subscribe  thereto  his  name,  place  of  residence, 


RAILROAD    LAWS.  39 

and  the.  number  of  shares  of  stock  taken  by  him  in  such  company. 
The  said  articles  of  association  may,  on  complying  with  the  next 
section,  be  filed  in  the  office  of  Secretary  of  State,  and  thereupon  the 
persons  who  have  subscribed,  and  all  persons  who  shall  from  time  to 
time  become  stockholders  in  such  company,  shall  be  a  body  corpo- 
rate, by  the  name  specified  in  such  articles. 

SEC.  2.   Such  articles  of  association  shall  not  be  filed  in  the  office  Articles  to 
of  the  Secretary  of  State  until  ten  per  cent,  on  the  amount  of  the  be 
stock  subscribed  thereto  shall  have  been  actually  and  in  good  faith 
paid,  in  cash,  to  the  directors  named  in  such  articles,  nor  until  there 
is  endorsed  thereon,  or  annexed  thereto,  an   affidavit  made  by  at 
least  three  of  the  directors  named  in  such  articles,  that  the  amount 
of  stock  required  by  the  first  section  has  been  subscribed,  and  that 
ten  per  cent,  on  the  amount  has  actually  been  paid  in. 

SEC.  3.    A  copy  of  any   articles  of  association  filed  in  pursuance  Articles  to 
of  this  act,  with  a  copy  of  the  affidavit  aforesaid  endorsed  thereon  orbe  evldence- 
annexed  thereto,  and  certified  to  be  a  copy  by  the  Secretary  of  this 
State,  or  his  deputy,  shall,  in  all  courts  and  places,  be  presumptive 
evidence  of  the  incorporation   of  such  company,  and  of  the  facts 
therein  stated. 

SEC.  4.    When  the  certificate  shall  have  been  filed  as  aforesaid,  certificate, 
the  persons  who  shall  have  signed  and  acknowledged  the  same,  and Its  effects> 
their  successors,  shall  be  a  body  politic  and  corporate,  by  the  name 
stated  in  such  certificate,  and  shall  be  capable   of  suing  and  being 
sued,  and  may  have  a  common  seal,  and  may   make  and  alter  the 
same  at  pleasure,  and  be  capable  in  law  of  purchasing,  holding  and 
conveying  any  real  estate  and  personal  property  whatever,  necessary 
for  the  construction  of  such  road,  and  for  the  erection  of  all  neces- 
sary buildings,  yards  and  appurtenances  for  the  use  of  the  same. 

SEC.  5.   The  commissioners  for  opening  books  of  subscription,  Books  to  be 
named  in  the  act  of  incorporation,  shall,  from  time  to  time,  after  the  °Pened- 
company  shall  be  incorporated,  open  books  of  subscription  to  the  capi- 
tal stock  of  the  company,  in  such  places,  and  after  giving  such  notice 
as  a  majority  of  them  shall  direct ;  which  books  of  subscription  shall 
be  kept  open  until  all  the  capital  stock  shall  be  subscribed,  if  the  cor- 
poration shall  so  long  exist ;   and  in  case  a  greater  amount  of  stock 
shall  be  subscribed  than  the  whole  capital  of  said  company,  the  com- 
missioners shall  distribute  such  capital  stock  as  equally  as  possible 
among  the  subscribers ;  but  no  share  thereof  shall  be  divided  in 


40  RAILROAD   LAWS. 

making  such  distribution,  nor  shall  a  greater  number  of  shares  be 
allotted  to  any  subscriber  than  such  subscriber  shall  have  sub- 
scribed for. 

Directors  to  SEC.  6.  As  soon  us  practicable  after  such  capital  stock  shall  have 
been  subscribed  and  distributed  as  aforesaid,  the  commissioners  to 
receive  subscriptions  thereto  shall  appoint  a  time  and  place  for  the 
meeting  of  the  stockholders,  to  choose  directors;  such  meeting  to  be 
held  in  one  of  the  counties  in  or  through  which  such  railroad  is  pro- 
posed to  be  constructed,  and  notice  thereof  shall  be  given  by  said 
commissioners,  by  public  notice,  to  be  published  not  less  than  twenty 
days  previous  thereto,  in  the  State  paper,  and  a  newspaper  published 
in  each  county  through  which  the  said  road  shall  be  intended  to 
run,  in  which  a  newspaper  shall  be  published. 

Qualifies-  Thirteen  directors  shall  be  chosen  at  such  meeting,  by  ballot,  and 
ter£  °  9  by  a  majority  of  the  votes  of  the  stockholders  being  present,  in  per- 
son or  by  proxy ;  and  every  such  stockholder  being  so  present  at 
such  election,  or  at  any  subsequent  election  of  directors,  shall  be 
entitled  to  give  one  vote  for  every  share  of  stock  which  he  shall  have 
owned  for  tb/'rty  days  next  preceding  such  election  ;  but  no  stock- 
holder shall  vote  at  any  such  election  upon  any  stock,  except  such 
as  he  shall  have  owned  for  such  thirty  days.  No  person  shall  be  a 
director  unless  he  shall  be  a  stockholder,  owning  stock  absolutely 
and  in  his  own  right,  and  qualified  to  vote  for  directors  at  the  elec- 
tion at  which  he  shall  be  chosen  ;  and  at  least  seven  of  the  directors 
shall,  at  the  time  of  their  election,  be  residents  of  the  counties  in  or 
through  which  the  route  of  such  railroad  shall  run.  The  directors 
shall  be  directors  for  one  year,  or  until  others  are  elected  in  their 
places. 

Duty  of  SEC.  V.   The  commissioners  named  in  the  last  preceding  section 

commission-  ^^  ^e  jnspectors  of  the  first  election  of  directors,  shall  openly 
count  the  votes  and  declare  the  result,  and  shall,  within  ten  days 
thereafter,  file  a  certificate  thereof,  subscribed  by  them,  or  a  majority 
of  them,  in  the  office  of  the  Secretary  of  State,  and  in  the  office  of 
the  clerk  of  each  county,  or  with  the  clerk  of  the  county  commis- 
sioners' court  (as  the  case  may  be)  of  each  county  in  or  through 
which  such  railroad  shall  be  proposed  to  be  constructed,  and  shall 
also  deliver  to  the  treasurer  of  such  company  all  moneys  received 
by  such  commissioners  on  subscriptions  to  such  capital  stock,  and 
all  books  and  papers  in  their  possession  relative  to  such  subscriptions. 


RAILROAD   LAWS.  41 

All  subsequent  elections  shall  be  held  at  such  time  and  place,  in  one 
of  these  counties  through  which  such  railroad  shall  pass,  as  shall 
be  directed  by  the  by  laws  of  the  company. 

SEC.  8.  A  general  meeting  of  the  stockholders  of  any  corpora-  Meetings  of 
tion  formed  under  this  act,  shall  be  holden  annually  at  the  time  andejg°kho 
place  appointed  for  the  election  of  directors,  and  a  meetrng  may  be 
called  at  any  time  during  the  interval  between  such  annual  meetings 
by  the  directors,  or  by  the  stockholders  owning  not  less  than  one- 
fourth  of  the  stock,  by  giving  thirty  days'  public  notice  of  the  time  N0tice. 
and  place  of  the  meeting  in  the  State  paper,  and  a  newspaper  pub- 
lished in  each  county  through  which  the  said  road  shall  be  run, 
or  be  intended  to  be  run,  in  which  a  newspaper  shall  be  published  ; 
and  when  any  such  meeting  is  called  by  the  stockholders,  the  par- 
ticular object  of  such  shall  be  stated  ;  and  if,  at  any  such  meeting 
thus  called,  a  majority  in  value  of  the  stockholders  are  not  repre- 
sented in  person  or  by  proxy,  such  meeting  shall  be  adjourned  from 
day  to  day,  not  exceeding  three  days,  without  transacting  business ; 
and  if  within  said  three  days  stockholders  having  a  majority  of  the 
stock  do  not  attend  such  meeting,  then  the  said  meeting  shall  be 
dissolved. 

SEC.  9.   At  the  regular  annual  meeting  of  the  stockholders  ofDutyofpre- 
any  corporation,  it  shall  be  the  duty  of  the  president  and  directors  ^rectors! 
in  office  for  the  preceding  year,  to  exhibit  a  clear  and  distinct  state-  statements, 
ment  of  the  affairs  of  the  company,  and  at  any  meeting  of  the 
stockholders,  a  majority  of  those  present,  in  person  or  by  proxy, 
may  require  similar  statements  from  the  directors,  whose  duty  it 
shall  be  to  furnish  them  when  thus  required  ;  and  at  all  general 
meetings  of  the  stockholders  a  majority  in  value  of  the  stockholders 
in  said  company  may  fix  the  rate  of  interest  which  shall  be  paid  by  Rate  of  in- 
the  company  for  loans  for  the  constrnction  of  said  road  and  its 
appendages,  may  remove  any  president  or  any  directors  of  said  com- 
pany,  and  elect   others  in   their   stead :    Provided,   notice   of  such  Proviso. 
intended  removal  has  been  given  as  required  by  the  last  preceding 
section. 

SEC.  10.    In  case  it  shall  happen  at  any  time  that  an  election  of  Failure  of 
directors  shall  not  be  made  on  the  day  designated  by  the  by-laws elec  lon* 
of  the  company  when  it  ought  to  have  been  made,  the  company  for 
that  reason  shall  not  be  dissolved,  if  within  ninety  days  thereafter 
they  shall  hold  an  election  for  directors,  in  such  manner  as  shall  be 


42  RAILROAD   LAWS. 

President,  provided  by  the  by-laws  of  the  company.  There  shall  be  a  presi- 
dent of  the  company,  who  shall  be  chosen  by  and  from  the  directors, 
and  also  such  subordinate  officers  as  the  company,  by  its  by-laws, 
may  designate,  who  may  be  elected  or  appointed,  and  required  to 
give  such  security  for  the  faithful  performance  of  the  duties  of  their 
office,  as  the  company,  by  its  by-laws,  may  require. 

Payments  of     SEC.  11.    It  shall  be  lawful  for  the  directors  to  call  in  and  demand 
turns?11*'      from  the  stockholders  respectively,  all  sums  of  money  by  them  sub- 
scribed, at  such  time  and  in  such  payments  or  instalments  as  the 
Forfeiture,    directors   shall  deem  proper,  under  the  penalty  of  forfeiting  the 
shares  of  stock  subscribed  for,  and  all  previous  payments  made 
thereon,  if  payments  shall  not  be  made  by  the  stockholders  within 
sixty  days  after  personal  demand,  or  notice  requiring  such  payment 
shall  have  been  made  in  each  county  through  which  said  road  shall 
be  laid  out,  in  which  a  newspaper  shall  be  published. 

By-laws.  SEC.  12.  The  directors  of  such  company  shall  have  power  to 
make  by-laws  for  the  management  and  disposition  of  stock,  property 
and  business  affairs  of  such  company,  not  inconsistent  with  the  laws 
of  this  State,  and  prescribing  the  duties  of  officers,  artificers  and 
servants  that  may  be  employed  for  the  appointment  of  all  officers 
for  carrying  on  all  the  business  within  the  object  and  purposes  of 
such  company. 

stock  deem-  SEC.  13.  The  stock  of  such  company  shall  be  deemed  personal 
estate?1801  estate,  and  shall  be  transferable  in  the  manner  prescribed  by  the 
by-laws  of  the  company,  but  no  shares  shall  be  transferable  till  all 
previous  calls  thereon  shall  have  been  fully  paid  in,  or  the  said 
shares  shall  have  been  forfeited  for  the  non-payment  of  calls 
thereon;  and  it  shall  not  be  lawful  for  such  company  to  use  any  of 
their  funds  in  the  purchase  of  any  stock  in  their  own  or  in  any 
other  corporation. 

stockhoid-  SEC.  14.  All  the  stockholders  of  any  such  company  that  shall  be 
bie  tint??  AC!  hereafter  incorporated  under  this  act,  shall  be  severally  individually 
liable  to  the  creditors  of  such  company  to  an  amount  equal  to  the 
amount  of  stock  held  by  them  respectively,  for  all  debts  and  con- 
tracts made  by  such  company,  until  the  whole  amount  of  capital 
stock  fixed  and  limited  by  the  company  in  the  manner  aforesaid 
shall  have  been  paid  in,  and  a  certificate  thereof  shall  have  been 
made  and  recorded,  as  prescribed  in  the  following  section,  and  shall 
be  jointly  and  severally  liable  for  all  debts  that  may  be  due  and  owing 


RAILEOAD   LAWS.  43 

to  all  their  laborers,  servants  and  apprentices,  for  services  performed 
for  such  corporation,  but  not  to  be  liable  to  an  action  therefor  before 
an  execution  shall  be  returned  unsatisfied  in  whole  or  in  part 
against  the  corporation,  and  then  the  amount  due  on  said  execu- 
tion shall  be  the  amount  recoverable  with  costs  against  said  stock- 
holders. 

SEC.  15.   The  president  and  a  majority  of  the  directors,  within  certificates 
thirty  days  after  the  payment  of  the  last  instalment  of  the  capital01 
stock,  so  fixed  and  limited  by  the  company,  shall  make  a  certificate 
stating  the  amount  of  the  capital  stock  so  fixed  and  paid  in,  which 
certificate  shall  be  signed  by  the  president  and  a  majority  of  the 
directors,  and  sworn  to  by  the  president  and  secretary,  and  they 
shall,  within  the  said  thirty  days,  file  and  record  the  same  in  the 
office  of  the  secretary  of  State. 

SEC.  16.  If  the  directors  of  any  such  company  shall  declare  and  Liability  of 
pay  any  dividend  when  the  company  is  insolvent,  or  any  dividend,  Case°&c!  m 
the  payment  of  which  would  render  it  insolvent,  they  shall  be 
jointly  and  severally  liable  for  all  the  debts  of  the  company  then 
existing  and  for  all  that  shall  thereafter  be  contracted,  so  long  as 
they  shall  respectively  remain  in  office :  Provided,  That  if  any  of 
the  directors  shall  be  absent  at  the  time  of  making  the  dividend, 
or  shall  object  thereto,  and  shall,  within  thirty  days  thereafter, 
or  after  his  return,  if  absent,  file  a  certificate  of  their  absence  or 
objection  with  the  clerk  of  the  company,  and  with  the  clerk  of  the 
county,  or  with  the  clerk  of  the  county  commissioners'  court,  in 
which  the  principal  office  of  said  company  is  located,  they  shall  be 
exempt  from  the  said  liability. 

SEC.  17.    If  any  certificate  or  report  made,  or  public  notice  given  officers  Ha- 
by  the  officers  of  any  such  company,  in  pursuance  of  the  provisions  &c!'  m 
of  this  act,  shall  be  false  in  any   material  representation,  all  the 
officers  who  shall  have  signed  the  same  shall  be  jointly  and  severally 
liable  for  all  the  debts  of  the  company  contracted  while  they  are 
stockholders  or  officers  thereof. 

SEC.  18.    No   person    holding  stock  in   any  such   company,   as  persons  ex 
executor,  administrator,  guardian  or  trustee,  and  no  person  holding  empt< 
such  stock  as  collaterial  security,  shall  be  personally  subject  to  any 
liability  as  stockholder  of  such  company ;  but  the  person  pledging 
the  stock  shall   be   considered  as  holding  the  same,  and  shall  be 
liable  as  a  stockholder  accordingly,  and  the  estates  and  funds  in  the 


44  RAILROAD    LAWS. 

s 

hands  of  such  executor,  administrator,  guardian  or  trustee  shall  be 
liable  in  like  manner  and  to  the  same  extent  as  the  testator  or 
intestate,  or  the  ward  or  persons  interested  in  such  trust  fund  would 
have  been  if  he  had  been  living  and  competent  to  act,  and  held  the 
same  stock  in  his  own  name. 

stock  rep-  SBC.  19.  Every  such  administrator,  executor,  guardian  or  trustee 
shall  represent  the  shares  of  stock  in  his  hands  at  all  meetings  of 
the  company,  and  may  vote  accordingly  as  a  stockholder. 

Map  and          SEC.  20.    Every  such  company,  before  proceeding  to  construct  a 

profile  made  /  *  °    .  . 

part  or  their  road  into  or  through  any  county  named  in  their  certi- 
ficate of  association,  shall  make  a  map  and  profile  of  the  route 
intended  to  be  adopted  by  such  company ;  which  shall  be  certified 

And  filed,  by  a  majority  of  the  directors  and  filed  in  the  office  of  the  county 
clerk  of  such  county,  or  with  the  clerk  of  the  county  commissioners' 
court  of  such  county,  for  the  inspection  and  examination  of  all 
parties  interested  therein. 

General  and      SEC.  21.   Every  such  corporation  shall  possess  the  general  powers, 

eref1*  W"  and  be  subject  to  the  general  liabilities  and  restrictions  expressed  in 
the  special  powers  following,  that  is  to  say  : 

Surveys.  1.  To  cause  such  examination  and  surveys  for  the  proposed  rail- 

road to  be  made,  as  may  be  necessary  to  the  selection  of  the  most 
advantageous  route  for  the  railroad,  and  for  such  purpose,  by  their 
officers,  agents  and  servants,  to  enter  upon  lands  or  waters  of  any 
person,  but  subject  to  responsibility  for  all  damages  which  they  shall 
do  thereto. 

Take  grants,      2.  To  receive,  hold  and  take  such  voluntary  grants  and  donations 

Ac-  of  real  estate  and  other  property  as  shall  be  made  to  it,  to  aid  in  the 

construction,  maintenance  and  accommodation  of  such  railroad ;  but 
the  real  estate  thus  received  by  voluntary  grants  shall  be  held  and 
used  for  purposes  of  such  grants  only. 

Purchase  3.  To  purchase  and  by  voluntary  grants  and  donations  receive  and 
take,  and  by  its  officers,  engineers  and  surveyors  and  agents,  enter 
upon  and  take  possession  of  and  hold,  and  use  all  such  lands  and 
real  estate  and  other  property  as  may  be  necessary  for  the  construc- 
tion and  maintenance  of  its  railroad  and  stations,  depots  and  other 
accommodations  necessary  to  accomplish  the  object  for  which  the 
corpbration  is  created  :  but  not  until  the  compensation  to  be  made 
therefor,  as  agreed  upon  by  the  parties,  or  ascertained  as  hereinafter 
prescribed,  be  paid  to  the  owner  or  owners  thereof,  or  deposited  as 


RAILROAD   LAWS.  45 

hereinafter  directed,  unless  the  consent  of  such  owner  be  given  to 
enter  into  possession. 

4.  To  lay  out  its  road,  not  exceeding  six   rods  wide,  and  to  con- Lay  road 
struct  the  same,  and  for  the  purposes  of  cuttings,  embankments  andsix  ro  8> 
procuring  stone  and  gravel,  may  take  as  mur.li  more  land  within  the  Additional 
limits  of  its  charter,  in  the  manner  provided  hereinafter,  as  may  be  In^e.*6'' 
necessary  for  the  proper  construction  and  security  of  the  road. 

5.  To  construct  their  road   upon  or  across  any  stream  of  water,  w^ter  cour- 
water  course,  road,  highway,  railroad  or  canal,  which  the  route  of  |ec8'  road8' 
its  road  shall  intersect ;  but  the  corporation  shall  restore  the  stream 

or  water  course,  road  or  highway   thus  intersected,  to  its  former 
state,  or  in  a  sufficient  manner  not  to  have  impaired  its  usefulness. 

6.  To  cross,  intersect,  join  and  unite  its  milroad  with  any  other  intersect 
railroad  before  constructed,  at  any  point  on  its  route,  and  upon  the rallroads- 
grounds  of  such  other  railroad  company,  with  the  necessary  turn- with  turn- 
outs, sidings  and  switches  and  other  conveniences,  in  furtherance 

of  the  object  of  its  connections;   and  every  company  whose  railroad 
is  or  shall  be  hereafter  intersected  by  any  new  railroad,  shall  unite 
with  the  owners  of  such  new  railroad  in  forming  such  intersections 
and  connections,  and  grant  the  facilities  aforesaid  ;  and  if  the  two  compensa- 
corporations  cannot  agree  upon  the  amount  of  compensation  to  be tlon- 
made  therefor,  or  the  points  or  manner  of  such  crossings  and  con- 
nections, the  same  shall  be  ascertained  and  determined  by  commis-  _ 

*  By  commis- 

sioners to  be  appointed  by  the  court,  as  is  provided  hereinafter  in  sioners. 

respect  to  the  taking  of  lands. 

7.  To  purchase  l?nds  or  take  them,  may  change  the  line  of  its  change  line, 
road,  whenever  a  majority  of  the  directors  shall  so  determine,  as  is 
hereinafter  provided,  but  no  such  change  shall  vary  the  original 

route  of  such  road  to  exceed  one  mile  laterally. 

8.  To  take,  transport,  carry  and  convey  persons  and  property  on  Transport 
their  railroad,  by  the  force  and  power  of  steam,  of  animals,  or  anypersonSl  &c- 
mechanical  powers,  or  by  any  combinations  of  them,  and  receive 

tolls  or  compensation  therefor. 

9.  To  erect  and  maintain  all  necessary  and  convenient  buildings,  Buildings 
stations,  depots  and  fixtures,  and  machinery,  for  the  accommodation  andstatlon8' 
and  use  of  their,  passengers,  freight  and  business,  and  obtain  and  hold 

the  lands  necessary  therefor. 

10.  To  regulate  the  time  and  manner  in   which  passengers  and  Time  of 
property  shall  be  transported,  and  the  tolls  and  compensation  to  be  Fares! 


46  RAILROAD    LAWS. 

Passengers    Pa'°^  therefor ;    but  such  compensation  for  any  passenger  and  his 
Sireee*enets  ordinary  baggage  shall  not    exceed  three  cents  a  mile,  unless  by 
special  act  of  the  legislature,  and  shall  be  subject  to  alteration,  as 
hereinafter  provided. 

Borrow  mo-  H-  To  borrow  money,  to  be  applied  to  the  construction  of  their 
railroad  and  fixtures,  and  purchase  of  engines  and  cars,  at  such  rotes 
of  interest  as  is  hereinafter  (hereinbefore)  provided. 

TO  petition      SEC.  22.    Any  number  of  persons,  not  less  than  thirteen,  intend- 
urfc    ing  to  organize  a  corporation  under  the  provisions  of  this  act,  and 
every  company  that  may  hereafter  organize  under  this  act,  may 
Contents  of.  present  a  petition  to  the  Legislature,  stating  the  place  from  and  to 
which  they  propose  to  construct  their  road,  and  its  location  and 
route,  with  reasonable  certainty,  and  that  they  intend  to  run  the 
said  road  on  the  most  direct  and  eligible  route  between  the  points 
of  terminus,  and  praying   the  Legislature  to  determine  whether 
the  construction  of  the  said  proposed  road  will  be  of  sufficient  public 
use  to  justify  the  taking  of  private  property  for  the  construction  of 
Legislature  ^e  same-     And  if  the  Legislature  shall  determine  and  decide  by 
declare  utii-  jaw  ^a^  sucn  proposed  road  will  be  of  sufficient  public  utility  to 
justify  the  taking  of  private  property  for  constructing  and  maintain- 
ing said  road,  under  the  provisions  of  this  act,  then  such  company, 
when  organized,  may  enter  upon,  take  possession  of,  and  use  all  such 
Take  lands   lan^s,  real  estate,  as  may  be  required  for  the  construction  and 
maintenance  of  their  railroad,  and  the  convenient  accommodations 
Compensa-   appertaining  to  the  same;   making  compensation  in  the  manner 
tlon'  hereinafter  provided,  for  all  lands,  real  estate,  thus  taken  possession 

of  and  used,  except  such  as  may  be  voluntarily  given  to  or  purchased 
at  an  agreed  price  by  the  said  corporation.  Whenever  the  said 
corporation  shall  not  have  acquired  by  gift  or  purchase,  any  land, 
real  estate,  so  required  as  aforesaid,  or  which  may  be  effected  by 
any  operation  connected  by  such  construction  and  maintenance,  the 
said  corporation  may  present  to  the  circuit  court  of  the  district 
Petition  where  said  lands  or  real  estate  shall  lie,  a  petition  signed  by  its 
Contents  of  attorney  or  agent,  describing  with  convenient  accuracy  and  cer- 
tainty, by  map  or  otherwise,  the  lands  or  real  estate  so  required  to 
be  taken  or  affected  as  aforesaid,  setting  forth  the  name  and  resi- 
dence of  each  owner  or  other  person  so  interested  therein  as  owner, 
lessee,  incumbrancer,  as  far  as  known  to  such  attorney  or  agent,  or 
appearing  of  record,  and  praying  the  appointment  of  commissioners 


RAILROAD    LAWS.  47 

to  ascertain  the  compensation  to  be  made  to  such  owners  and  per- 
sons interested,  for  the  taking  or  injuriously  affecting  such  land  or 
real  estate  aforesaid.      The  court  shall  have  satisfactory  evidence  Notice  of 
that  notice  of  an  intended  application,  and  the  time   and  place  petltlon- 
thereof,    for   the    appointment   of  commissioners    of  appraisement 
between  said  corporation   and  the  owners  and  persons  interested 
in  such  lands  and  real  estate,  had  been  given  at  least  ten  days 
previously,  to  such  owners  personally,  or  to  some  person  of  suitable 
age,  at  their  residence,  or  on  the  premises,  or  by  publication  thereof 
in  a  newspaper  printed  in  the  county  in  which  such  lands  or  real 
estate  may  lie.     Such  publication  to  be  allowed  only  in  respect  to 
owners  who  shall  appear  by  affidavit  to  have  no  residence  in  the 
county,  known  to  such  agent  or  attorney,  whereat  such  notice  could 
be  delivered  as  aforesaid.     The  court  may  adjourn  the  proceedings  May  adjourn 
from  time  to  time ;  shall  direct  any  future  notice  thereof  to  be  given 
that  may  seem  proper ;   shall  hear   proofs  and  allegations  of  all  Proofs, 
parties  interested,  touching  the  regularity  of  the  proceedings ;  and 
shall,  by  an  entry  in  its  minutes,  appoint  five  competent  and  clisin-  Appoint 

,    •  i  ,.  commission- 

terested  persons  commissioners,  to  ascertain  such  compensation  as  ers. 
aforesaid,  specifying  in  such  entry  a  time  and  place  for  the  first 
meeting  of  such  commissioners.     The   said  commissioners,  before 
entering  upon  the  duties  of  their  office,  shall  take  the  oath  required 
by  the  laws -and  Constitution  of  this  State,  and  any  one  of  them 
may  administer  oaths  to  witnesses  produced  before  them  ;  and  may  oath, 
adjourn  and  may  hold  meetings  for  that  purpose.     Whenever  they 
shall  meet  to  hear  proofs  and  allegations,  unless  by  appointment  of 
the  court,  or  pursuant  to  adjournment,  they  shall  cause  reasonable  commis- 
previous  notice  of  such  meetings  to  be  given  to  the  said  owners  or  notice?  give 
parties  interested,  or  their  attorney  or  agent,  and  may  each  of  them 
issue  subpoenas  and  compel  witnesses  to  appear  and  testify ;  they  Summon 
shall  hear  the  proofs  and  allegations  of  the  parties,  and  any  three  or  Hea'ring68 
more  of  them,  after  reviewing  the  premises,  without  fear  or  favor,  or  view, 
partiality,  ascertain  and  certify  the  compensation  proper  to  be  made  certify  dam- 
to  the  said  owners  and  parties  interested,  for  the  lands  or  real  estate  ages' 
to  be  taken,  as  well  as  all  damages  accruing  to  the  owner  of  the 
lands  and  real  estate  aforesaid,  taken  in  consequence  of  the  con- 
demnation of  the  same,  or  injuriously  affected  as  aforesaid,  making 

such  deduction  or  allowance  for  real  benefits  or  advantages  which  Deduct  ben- 
efits, 
such  owners  or  parties  interested  may  derive  from  the  construction 


48  RAILROAD    LAWS. 

May  assess  of  said  road,  and  may,  in  their  discretion,  assess  a  separate  reason- 
able sum  in  favor  of  such  owners  and  parties  interested,  or  of  any 
person  appointed  by  the  court  to  appear  as  attorney  for  them,  for 

Return  cer-  costs,  expenses  and  reasonable  counsel  fees.    They,  or  a  majority  of 

appraise-  them,  shall  make,  subscribe  and  file  with  the  clerk  of  the  county,  or 
with  the  clerk  of  the  county  commissioners'  court,  in  which  such 
lands  or  real  estate  shall  lie,  a  certificate  of  their  said  ascertainment 
and  assessment,  in  which  such  lands  or  real  estate  shall  be  described 

Entry  in  by  map  or  otherwise,  with  convenient  accuracy  and  certainty.  The 
court,  upon  such  certificate  and  due  proof  that  such  compensation 
and  separate  sums,  if  any  be  certified,  have  been  paid  to  the  parties 
entitled  to  the  same,  or  have  been  deposited  to  the  credit  of  such 
parties  in  the  State  treasury,  or  other  place  for  that  purpose 
approved  by  the  court,  shall  make,  and  cause  to  be  entered  in  its 
minutes  a  rule  describing  such  lands  or  real  estate,  in  manner  afore- 
said, such  ascertainment  of  compensation,  with  the  mode  of  making 
it,  and  such  payment  or  deposit  of  the  same  compensation  as  afore- 
said ;  a  certified  copy  of  which  rule  shall  be  recorded  and  indexed 
in  the  proper  recorder's  office,  in  like  manner  and  in  like  effect  as  if 
it  were  a  deed  of  conveyance  from  the  said  owners  and  parties 

Corporation  interested  to  the  said  corporation.  Upon  the  entry  of  such  rule,  the 
said  corporation  shall  become  seized  in  fee  of  all  the  lands  and  real 
estate  described  in  said  rule,  as  required  to  be  taken  as  aforesaid 
during  the  continuance  of  the  corporation,  by  this  or  any  subsequent 
act,  and  may  take  possession  of  and  hold  and  use  the  same  for  the 
purposes  of  said  road,  and  shall  thereupon  be  discharged  from  all 
claim  for  any  damages  by  reason  of  any  matter  specified  in  said 

if  title  fail,  petition,  certificate  or  rule  of  said  court.     If  at  any  time  after  an 

anew.ed  attempted  or  actual  ascertainment  of  compensation  under  this  or 
any  other  act,  or  any  purchase  by,  or  donation  to  said  corporation, 
of  any  lands  for  the  purposes  aforesaid,  it  shall  appear  that  the  title 
acquired  thereby  to  all  or  any  part  of  such  lands  for  the  use  of  said 
road,  or  if  said  condemnation  shall  fail,  or  be  deemed  defective,  the 
said  corporation  may  proceed  anew  to  perfect  such  title,  by  pro- 
curing an  ascertainment  of  the  compensation  proper  to  be  made  to 
any  person  or  persons  whose  title,  claim  or  interest  in,  or  lien  upon 
such  lands,  and  by  making  payment  thereof  in  the  manner  herein- 
after provided,  as  near  as  may  be,  and  at  any  stage  of  such  new 
proceedings,  or  of  any  proceedings  under  this  act,  the  court  may, 


RAILROAD    LAWS.  49 

by  a  rule  in  that  behalf  made,  authorize  the  said  corporation,  if 
already  in  possession,  and  if  not  in  possession,  to  take  possession  ofMny  take 
and  use  such  premises  during  the  pendency   and   until  the  final  ja^eTecuri- 
conclusion  of  such  proceedings,  and  may  stay  all  actions  and  pro-  y' 
ceedings  against  such  corporation    on  account  thereof:    Provided,  Or  pay  into 
such   corporation   shall   pay  a    sufficient  sum    into   court,    or  give 
approved  security  to  pay  the  compensation  in  that  behalf,  when 
ascertained ;   and    in    every  case,   where    possession   shall   be   so 
authorized,  it  shall  be  lawful  for  the  owners  to  conduct  the  pro- 
ceedings  to   a  conclusion,   if  the   same  shall    be   delayed    by  the 
company.     The  said  commissioners  shall  be  entitled  to  receive  from  Feeg  of 
said  corporation  a  compensation  not  exceeding  two  dollars  for  each  «°™misslon- 
day  actually  employed  by  them  in  the  discharge  of  their  duties. 
Such  compensation  to  be  taxed  and  allowed  by  the  court.     If  any  Fill  vacan. 
commissioner  so  appointed  shall  die,  be  unable  or  fail  to  serve,  the  cles- 
court  may  appoint  another  in  his  place,  on  reasonable  notice  of  the 
application,  to  be  approved  by  the  court.     The  proceedings  hereby  county 
authorized  may  be  had  in  the  circuit  court  in  a  county  where  the  ^T& 
lands  lie,  and  all  motions  to  the  circuit  court  shall  be  made  at 
a  general  or  special  term  thereof  in  said  county.     The  said  com- 
missioners shall  file  the  said  certificate  in  the  county  where  the 
lands  to  be  affected  may  lie,  or  in  any  adjacent  county,  and  any 
clerk  may  transfer  the  same  and  the  proceedings  connected  there- 
with to  the  clerk  of  the  county  in  which  the  lands  to  be  affected 
may  lie,  or  of  any  adjacent  county  thereto,  whenever  said  commis- 
sioner or  clerk  shall  be  so  required  by  said  corporation,  its  agent  or 
attorney.     And  the   Legislature   hereby  reserves  (the  right)  to  it-  Legislature 
self  to   indicate   the  routes  and  termini  of  said   roads;  and   the  route*  and 
same  shall  not  be  constructed  or  commenced  without  the  express  *ermmi- 

Sanction  re- 

sanction  of  the  Legislature  of  this  State,  by  a  law  to  be  passed  quisle, 
hereafter. 

SEC.  23.    In   case    an  infant,    idiot   or  insane    person,    or    any  InfantSi  ld}. 
unknown  owner  or  owners  not  personally  notified   to  appear,  and  unknown  °r 
who  shall  not  appear,  after  such  notice,  on  the  appointment  of  com- owner- 
missioners,  shall  be  interested  in  any  such  lands,  real  estate  and 
property,  the   court  shall  appoint  some  proper  person  to  appear 
before  the  said  commissioners  and  act  as  attorney  for  and  in  behalf 
of  such  infant,  idiot,  insane  person,  unknown  owner  or  non-appear- 
ing owner,  not  personally  served  with  notice. 


50  RAILROAD    LAWS. 

Line  may  be  SEC.  24.  If  at  any  time  after  the  location  of  the  track  of  said  road, 
in  whole  or  in  part,  and  the  filing  of  the  map  thereof,  it  shall  appear 
to  the  directors  of  said  company  that  the  line  in  some  parts  thereof 
may  be  improved,  it  shall  be  lawful  for  the  said  directors,  from  time 

New  map  to  time,  to  alter  the  line  and  cause  a  new  map  to  be  filed  in  the 
office  where  the  map  showing  the  first  location  is  or  shall  be  filed, 

Possession,  and  may  thereupon  proceed  to  take  possession  of  the  lands  embraced 
in  such  new  location  that  may  be  required  for  the  construction  and 
maintenance  of  said  road  on  such  new  line,  and  the  convenient 
accommodations  appertaining  to  the  same,  either  by  agreement  with 
the  owner  or  owners,  or  by  such  proceedings,  as  near  as  may  be,  as 
are  authorized  under  the  preceding  section  of  this  act,  and  use  the 

No  location  same  in  place  of  the  line  for  which  the  new  is  substituted.     Nothing 

without'  y  in  this  act  contained  shall  authorize  the  said  company  to  make  a 
en  location  of  their  track  within  any  city,  without  the  consent  of  the 
common  council  of  said  city. 

Highways,        SEC.  25.    Whenever  the  track  of  said  railroad  shall  cross  a  road 

how  cross-          .  .    i  111-1  i  •    i         ^  i 

ed,  under  or  or  highway,  such  road  or  highway  may  be  carried  under  or  over  the 
track,  as  may  be  found  most  expedient;  and  in  case§  where  an  em- 

Change  bankment  or  cutting  shall  make  a  change  in  the  line  of  such  road  or 
highway  desirable,  with  a  view  to  a  more  easy  ascent  or  descent,  the 
said  company  may  take  such  additional  lands  for  the  construction 
of  such  roads  or  highway,  or  such  new  line,  as  may  be  deemed  requi- 

Compensa-   site  by  said  directors.     Unless  the  lands  so  taken  shall  be  purchased 

highway,  or  voluntarily  given  for  the  purposes  aforesaid,  compensation  there- 
for shall  be  ascertained  in  the  manner  in  this  act  provided,  as  nearly 
as  may  be,  and  duly  made  by  said  corporation  to  the  owners  and 
persons  interested  in  such  lands,  the  same  when  so  taken,  or  com. 
pensation  made,  to  become  a  part  of  such  intersecting  road  or  high- 
way, in  such  manner  and  by  such  tenure  as  the  adjacent  parts  of  the 
same  highway  may  be  held  for  highway  purposes. 

Lands  may       SEC.  26.    If  any  such  corporation  shall,  for  its  purpose  aforesaid, 

be  granted 

by  state,     require  any  land  belonging  to  the  people  of  this  State,  or  to  any  of 

county  or 

town.  the  counties  or  towns,  the  General  Assembly  of  the  State,  and  the 
county  and  town  officers  respectively,  having  charge  of  said  lauds, 
may  grant  such  lands  to  such  corporations  for  a  compensation,  which 

Appraised  if  shall  be  agreed  upon  between  them  ;  and  if  they  shall  not  agree 
>t  agreed.  upon  ft  &a^e  an(j  prjce^  ^Q  same  may  ^Q  tafcen  ^y  ^Q  corporation, 

as  is  provided  in  respect  to  other  cases. 


RAILROAD   LAWS.  51 

SEC.  27.   Every  conductor,  baggage-master,  engineer,  brakeman  officers  to 
or  other  servant  of  any  such  railroad  corporation,  employed  in  awear  bftds*- 
passenger  train,  or  at  stations  for  passengers,  shall  wear  upon  his 
hat  or  cap  a  badge,  which  shall  indicate  his  office,  and  the  initial 
letters  of  the  style  of  the  corporation  by  which  he  is  employed.     No 
conductor  or  collector  without  such  badge,  shall  demand  or  be  enti- 
tled to  receive  from  any  passenger  any  fare,  toll  or  ticket,  or  exer- 
cise any  of  the  powers  of  his  office ;  and  no  other  of  said  officers 
or  servants,  without  such  badge,  shall  have  any  authority  to  meddle 
or  interfere  with  any  passenger,  his  baggage  or  property. 

SEC.  28.  Every  such  corporation  shall  make  an  annual  report  to  Annual  re- 
the  Secretary  of  this  State,  of  the  operations  of  the  year  ending  on  por 
the  first  day  of  January,  which  report  shall  be  verified  by  the  oaths  oath, 
of  the  treasurer  and  the  acting  superintendent,  of  operations,  and 
filed  in  his  office  by  the  twentieth  day  of  January,  in  each  year,  and 
shall  state — 1st.  The  capital  stock  and  the  amount  actually  paid  in  :  contents. 
2d.  The  amount  expended  for  the  purchase  of  lands  for  the  con- 
struction of  the  road,  for  buildings  and  for  engines  and  cars  respec- 
tively :  3d.  The  amount  and  nature  of  its  indebtedness,  and  the 
amounts  due  the  corporation :  4th.  The  amount  received  for  the 
transportation  of  passengers,  of  property,  of  the  mails  and  from  other 
sources  :  5th.  The  amount  of  freight,  specifying  the  quantity  in  tons, 
of  the  products  of  the  forests,  of  animals,  of  vegetable  food,  other 
agricultural  products,  manufactures,  merchandise  and  other  articles  : 
6th.  The  amount  paid  for  repairs,  engines,  cars,  buildings  and  sala- 
ries :  7th.  The  number  and  amount  of  dividends,  and.  when  paid  : 
8th.  The  number  of  engine-houses  and  shops,  of  engines  and  cars, 
and  their  character :  9th.  The  number  of  miles  run  by  passenger, 
freight  and  other  trains,  respectively :  10th.  The  number  of  men 
employed,  and  their  occupation:  llth.  The  number  of  persons 
injured  in  life  or  limb,  and  the  cause  of  such  injury  :  12th.  Whether 
any  accidents  have  arisen  from  carelessness  or  negligence  of  any  per- 
son in  the  employment  of  the  corporation,  and  whether  such  person 
is  retained  in  the  service  of  the  corporation. 

SEC.  29.   Any  such  corporation  which  shall  neglect  to  make  such  penalty  for 
report,  shall  be  liable  to  a  penalty  of  two  hundred  and  fifty  dollars,  neg  ect' 
to  be  sued  for  in  the  name  of  the  people  of  this  State. 

SEC.  30.   The  property    belonging  to   any   company   organized  prcperty  to 
under  the  provisions  of  this  act  shall  be  listed  by  the  resident  secre- be     ted' 
4 


52 


BAILROAD   LAWS. 


Taxation. 


Liens  of 
State. 


Liens  of 
citizens. 


Tolls  may 
be  altered 
by  legisla- 
ture. 


Not  of  in- 
come under 
fifteen  per 
cent. 


To  carry 
mails. 


Governor 
appoint 
commission- 
ers. 


tary,  or  other  proper  officer,  with  the  Auditor  of  the  State,  which 
shall  be  subject  to  the  same  rate  of  taxation  as  other  similar  prop- 
erty of  individuals,  and  the  revenue  arising  therefrom  shall  be  paid 
into  the  State  treasury,  until  the  entire  extinction  of  the  internal 
improvement  debt  of  the  State,  after  which  the  said  property  shall 
be  subject  to  taxation,  and  the  revenue  arising  therefrom  paid,  as 
in  case  of  all  other  property  in  the  State.  The  revenue  derived 
under  this  section  to  be  applied  to  the  payment  of  the  public  debt 
of  the  State. 

SEC.  31.  The  State  shall  have  a  lien  upon  all  railroads  of  said 
corporations,  and  their  appurtenances  and  stock  therein,  for  all  pen- 
alties, taxes  and  dues  which  may  accrue  to  the  State  from  said  cor- 
porations, vhich  lien  of  the  State  shall  take  precedence  of  all 
demands,  judgments  or  decrees  against  said  corporations;  and  the 
citizens  of  the  State  shall  have  a  lien  upon  all  the  personal  property 
of  said  corporation  to  the  amount  of  one  hundred  dollars,  originally 
contracted  within  this  State,  which,  after  said  lien  of  the  State,  shall 
take  precedence  of  all  other  debts,  demands,  judgments  or  decrees, 
liens  or  mortgages  against  said  corporation. 

SEC.  32.  The  Legislature  may,  when  any  such  railroad  shall  be 
opened  for  use,  from  time  to  time  alter  or  reduce  the  rates  of  toll, 
fare,  freight  or  other  profits  upon  such  road ;  but  the  same  shall  not 
without  the  consent  of  the  corporation,  be  so  reduced  as  to  produce, 
with  said  profits,  less  than  fifteen  per  cent,  per  annum  on  the  capital 
actually  paid  in,  nor  unless,  on  an  examination  of  the  amounts 
received  and  expended,  to  be  made  by  the  secretary  of  State,  he 
shall  ascertain  that  the  net  income  divided  by  the  company  from  all 
sources  for  the  year  then  last  past  shall  have  exceeded  an  annual 
income  of  fifteen  per  cent,  upon  the  capital  of  the  corporation 
actually  paid  in. 

SEC.  33.  Any  such  corporation  shall,  when  applied  to  by  the 
postmaster-general,  convey  the  mails  of  the  United  States  on  their 
road  or  roads  respectively ;  and  in  case  such  corporation  shall  not 
agree  as  to  rates  of  transportation  thereof,  and  as  to  time,  rate  of 
speed,  manner  and  condition  of  carrying  the  same,  it  shall  be  lawful 
for  the  governor  of  this  State  to  appoint  three  commissioners,  who, 
or  a  majority  of  them,  after  fifteen  days'  notice,  in  writing,  of  the 
time  and  place  of  meeting,  to  the  corporation,  shall  determine  and 
fix  the  prices,  times  and  conditions  aforesaid ;  but  such  prices  shall 


BAILED  AD   LAWS.  53 

not  be  less  for  carrying  said  mails  in  the  regular  passenger  trains,  p>tx  priC6», 
than  the  amount  which  said  corporation  would  receive  as  freight  *aiis.°r 
on  a  like  weight  of  merchandise  transported  in  their  merchandise 
trains,  and  a  fair  compensation  for  the  post-office  car.     And  in  case 
the  postmaster-general  shall  require  the  mail  to  be  carried  at  other 
hours  and  at  a  higher  speed  than  the  passenger  trains  be  run  at,  the 
corporation  shall  furnish  an  extra  train  for  the  mail,  and  be  allowed 
an  extra  compensation  for  the  expenses  and  wear  and  tear  thereof 
and  for  the  services,  to  be  fixed  aforesaid. 

SEC.  34.   If  any  passenger  shall  refuse  to  pay  his  fare  or  toll,  it  Penaity  On 
shall  be  lawful  for  the  conductor  of  the  train,  and  the  servants  ofp®yls^reto 
the  corporation,  to  put  him  out  of  the  cars  at  any  usual  stopping 
place  the  conductor  shall  select. 

SEC.  35.   Every  such  corporation  shall  start  and  run  their  cars,  Regular 
for  the  transportation  of  passengers  and  property,  at  regular  times,  ^flxed"111 
to  be  fixed  by  public  notice,  and  shall  furnish  sufficient  accommoda-  Accommo- 
tions  for  the  transportation  of  all  such  passengers  and  property  as  ni&hed!* 
shall,  within  a  reasonable  time  previous  thereto,  offer  or  be  offered 
for  transportation  at  the  place  of  starting,  and  the  junctions  of  other 
railroads,  and  at  siding  and  stopping  places  established  for  receiving 
and  discharging  way  passengers  and  freight,  and  shall  take,  trans- 
port and  discharge  such  passengers  and  property  at,  from  and  to 
such  places,  on  the  due  payment  of  tolls,  freight  or  fare  legally 
authorized  therefor. 

SEC.  36.   In  case  of  the  refusal,  by  such  corporation  or  their  Penalt _  for 
agents,  so  to  take  and  transport  any  passengers  or  property,  or  to  ^s^ct. 
deliver  the  same,  or  either  of  them,  at  the  regular  or  appointed  time, 
such  corporation  shall  pay  the  party  aggrieved  all  damages  which 
shall  be  sustained  thereby,  with  costs  of  suit. 

SE«C.  37.   In  forming  a  passenger  train,  baggage,  or  freight,  orTr 
merchandise,  or  lumber  cars,  shall  not  be  placed  in  rear  of  passenger  Placed- 
cars ;  and  if  they  or  any  of  them  shall  be  so  placed,  and  any  accident 
shall  happen  to  life  or  limb,  the  officer  or  agent  who  so  directed  or 
knowingly  suffered  such  arrangement,  and  the  conductor  or  engineer 
of  the  train,  shall  each  and  all  be  held  guilty  of  intentionally  caus- 
ing the  injury,  and  be  punished  accordingly. 

SEC.  38.   A  bell  of  at  least  thirty  pounds  weight,  or  a  steam  Bell  and 
whistle,  shall  be  placed  on  each  locomotive  engine,  and  shall  be  f  hi,?tlet  to ., 

be  kept  and 

rung  or  whistled  at  the  distance  of  at  least  eighty  rods  from  the  runs,  &c- 


54  RAILROAD   LAWS. 

place  where  the  said  road  shall  cross  any  other  road  or  street,  and 
be  kept  ringing  or  whistling  until  it  shall  have  crossed  said  road  or 
street,  under  a  penalty  of  fifty  dollars  for  every  neglect,  to  be  paid 
by  the  corporation  owning  the  railroad,  one-half  thereof  to  go  to 
the  informer,  and  the  other  half  to  the  State,  and  also  be  liable  for 
all  damages  which  shall  be  sustained  by  any  person  by  reason  of 
such  neglect. 

Boards  to  be  SEC.  39.  Every  such  corporation  shall  cause  boards  to  be  placed, 
well  supported  by  posts  or  otherwise,  and  constantly  maintained 
across  each  public  road  or  street,  where  the  same  is  crossed 'by  the 
railroad.  On  the  same  level  said  boards  shall  be  elevated,  so  as  not 
to  obstruct  the  travel,  and  to  be  easily  seen  by  travelers ;  and  on 
each  side  of  said  boards  shall  be  painted  in  capital  letters  of  at  least 
the  size  of  nine  inches  each,  the  words,  "  Railroad  crossing ;  look 
out  for  the  cars  while  the  bell  rings  or  the  whistle  sounds."  But 
this  section  shall  not  apply  to  streets  in  cities  or  Tillages,  unless  the 
corporation  be  required  to  put  up  such  boards,  by  the  officers  having 
charge  of  such  streets. 

intoxication     SBC.  40.   If  any  person  shall,  while  in  charge  of  a  locomotive 
man  or  con-  engine  running  upon  the  railroad  of  any  such  corporation,  or  while 
acting  as  the  conductor  of  any  car  or  train  of  cars  on  any  such  rail- 
road be  intoxicated,  he  shall  be  deemed  guilty  of  a  misdemeanor. 
Penalty  for      SEC.  41.   If  any  person  shall  wilfully  do,  or  cause  to  be  done,  any 
corporation,  act  or  acts  whatever,  whereby  any  building,  construction  or  work  of 
any  such  corporation,  or  any  engines,  machines  or  structures,  or  any 
matter  or  thing  appertaining  to  the  same,  shall  be  stopped,  obstructed, 
impaired,  weakened,  injured  or  destroyed,   the  person  or  persons 
offending,  shall  be  guilty  of  a  misdemeanor,  and  shall  forfeit  and  pay 
to  the  said  corporation  treble  the  amount  of  damages  sustained  by 
means  of  such  offence. 

Penalties,         SEC.  42.   All  penalties  imposed   by  this   act  may  be   sued  for 

«red. riicov"  by  the   district  attorney,   and  in  the  name  of  the  people  of  the 

State  of  Illinois  ;  and  if  such  penalty  be  for  a  sum  not  exceeding  one 

hundred  dollars,  then  each  suit  may  be  brought  before  a  justice  of 

the  peace. 

Corporation      SEC.  43.   Every  such  corporation  shall,  within  reasonable  time 

to  make  and  . 

file  map  of  after  their  road  shall  be  located,  cause  to  be  made  : 

1st.   A  map  and  profile  thereof,  and  of  the  land  taken  and  obtained 
for  the  use  thereof,  and  file  the  same  in  the  office  of  the  Secretary  of 


RAILROAD   LAWS.  55 

State ;  and  also  like  maps  of  the  parts  thereof  located  in  different 
counties,  and  file  the  same  in  the  office  for  recording  deeds  in  the 
county  in  which  said  parts  of  said  road  shall  lie,  there  to  remain  as 
of  record  forever. 

2d.   A  certificate,  specifying  the  line  upon  which  it  is  proposed  certificate 
to  construct  the  railroad,  and  the  grades  and  curves.  grades,'  &c. 

SEC.  44.   If  any  such  corporation  shall  not,  within  five  years  after  incorpora- 
its  incorporation,  begin  the  construction  of  its  road,  and  expend  ^8e,  &°c. 
thereon  ten  per  cent,  on  the  amount  of  its  capital,  and  finish  the 
road  and  put  it  in  full  operation  in  ten  years  thereafter,  its  act  of 
incorporation  shall  become  void. 

SEC.  45.    All  existing  railroad  corporations  within  this  State,  shall  Existing 
respectively  have  and  possess  all  the  powers  and  privileges,  and  be  subject  to"" 
subject  to  all  the  duties,  and  liabilities  and  provisions  contained  in 
this  act,  so  far  as  they  shall  be  applicable  to  their  present  conditions^ 
and  not  inconsistent  with  their  several  charters,  and  all  railroad  com- 
panies that  are  now  constructing  their  roads  may  acquire  title  to 
lands  necessary  for  that  purpose,  under  the  provisions  of  this  act. 

SEC.  46.  This  act  shall  take  effect  and  be  in  force  from  and  after 
its  passage. 

APPROVED  November  5,  1849. 


ADDITIONAL  GENERAL  RAILROAD  LAW. 


APPROVED  NOVEMBER  6,  1849. 


AN     ACT 

Supplemental  to  an  act,  entitled  "  An  act  to  provide  for  a  general 
system  of  railroad  incorporations" 

SECTION  1.    Be  it  enacted  by  the  People  of  the   State  of  Illinois,  stock  mft 
represented  tn  General  Assembly,  That  whenever  the  citizens  of  any  ^  by  either 
city  or  county  of  this  State  are  desirous  that  said  city  or  county  county- 
should  subscribe  for  stock  in  any  railroad  company,  already  organized 
or  incorporated,  or  hereafter  to  be  organized  or  incorporated,  under 
any  law  of  this  State,  such,  city  or  county  may,  and  are  hereby 
authorized  to  purchase  or  subscribe  for  shares  of  the  capital  stock  in 
any  such  company,  in  any  sum  not  exceeding  one  hundred  thousand 
dollars  for  each  of  said  cities  or  counties  ;  and  the  stock  so  subscribed 
for  or  purchased  shall  be  under  the  control  of  the  county  court  of 
the  county,  or  common  council  of  the  city  making  such  subscription 
or  purchase,  in  all  respects  as  stock  owned  by  individuals. 

SEC.  2.   That,  for  the  payment  of  said  stock,  the  judges  of  the  city  or 
county  court  of  the  county,  or  the  common  council  of  the  city  borrow  may 
making  such  subscription  or  purchase,  are  hereby  authorized  to  bor-  ™unee7bond8. 
row  money  at  a  rate  not  exceeding  ten  per  cent,  per  annum,  and  to 
pledge  the  faith  of  the  county  or  city  for  the  annual  payment  of  the 
interest,  and  the  ultimate  redemption  of  the  principal ;  or,  if  the  said 
judges  or  common  council  shall  deem  it  most  advisable,  they  are 
hereby  authorized  to  pay  for  such  subscription  or  purchase  in  bonds 
of  the  city  or  county,  making  such  subscription  to  be  drawn  for  that 
purpose,   in  sums  not  less  than  fifty  dollars,  bearing  interest  not 
exceeding  ten  per  cent,   per  annum  :  Provided,  That  no  bond  shall 
be  paid  out  at  a  rate  less  than  par  value. 


RAILBOAD   LAWS.  57 

SEC.  3.   The  railroad  companies  already  organized  or  incorporated,  Bonds  re- 
or  hereafter  to  be  organized  or  incorporated  under  the  laws  of  this 
State,  are  hereby  authorized  to  receive  the  bonds  of  any  county  or 
city,  becoming  subscribers  to  the  capital  stock  of  such  company,  at 
par,  and  in  lieu  of  cash,  and  to  issue  their  bonds,  bearing  interest  not  Power  to 

issue  bonds. 

exceeding  ten  per  centum  per  annum,  for  any  moneys  by  them  bor- 
rowed for  the  construction  of  their  railroad  and  fixtures,  or  for  the 
purchase  of  engines  and  cars,  and,  for  such  purpose,  may  dispose  of 
any  bonds  by  them  received  as  aforesaid. 

SEC.  4.  No  subscription  shall  be  made,  or  purchase,  or  bond  Vote  to  be 
issued,  by  any  county  or  city,  under  the  provisions  of  this  act,  ho 
whereby  any  debt  shall  be  created  by  said  judges  of  the  county 
court  of  any  county,  or  by  the  common  council  of  any  city,  to  pay 
any  such  subscription,  unless  a  majority  of  the  qualified  voters  of 
such  county  or  city,  (taking,  as  a  standard,  the  number  of  votes 
thrown  at  the  last  general  election,  previous  to  the  vote  had  upon 
the  question  of  subscription,  under  this  act,  for  county  officers)  shall 
vote  for  the  same  ;  and  the  judges  of  the  county  court  of  any  county, 
or  the  common  council  of  any  city,  desiring  to  take  stock  as  afore- 
said, shall  give  at  least  thirty  days'  notice,  in  the  same  manner  as 
notices  are  given  for  election  of  State  and  county  officers  in  said 
counties,  requiring  said  electors  of  said  counties  or  said  cities,  to  vote 
upon  the  day  named  in  such  notices,  at  their  usual  place  of  voting, 
for  or  against  the  subscription  for  said  capital  stock,  which  they  may 
propose  to  make ;  and  said  notices  shall  specify  the  company  in 
which  stock  is  proposed  to  be  subscribed,  the  amount  which  it  is 
proposed  to  take,  and  the  time  which  the  bonds  proposed  to  be 
issued  are  to  run,  and  the  interest  which  said  bonds  are  to  bear  ;  or 
in  case  it  is  proposed  to  borrow  money  to  pay  such  subscription, 
then  the  notices  shall  state  the  terms  upon  which  such  loan  is  to  be 
effected ;  and  the  opinion  of  the  electors  shall  be  expressed  upon 
their  ballots,  "  for  subscription,"  or,  "  against  subscription,"  and 
counted  and  returned  by  the  judges  and  clerks  of  elections,  as  in 
other  cases ;  and  if  a  majority  of  the  voters  of  said  county  or  city, 
assuming  the  standard  aforesaid,  shall  be  in  favor  of  the  same,  such 
authorized  subscription  or  purchase,  or  any  part  thereof,  shall  then 
be  made  by  said  judges  or  common  council.  In  case  any  election 
had  under  this  act  is  held  upon  a  day  of  a  general  election,  then  the 
number  of  votes  thrown  at  such,  general  election  for  county  officers 


58  RAILROAD   LAWS. 

shall  be  the  standard  of  the  number  of  qualified  voters  as  aforesaid. 
No  bonds  shall  be  issued  under  the  provisions  of  this  act,  by  any 
county  or  city,  excepting  for  the  amounts  required  to  be  paid  at  the 
time  of  subscription,  and  for  the  amounts  of  and  at  the  time  when 
assessments  upon  all  the  stockholders  of  said  company  shall  be  regu- 
larly assessed  and  made  payable. 

SEC.  5.   This  act  shall  take  effect  from  and  after  its  passage. 

APPROVED  November  6,  1849. 


ADDITIONAL  RAILROAD  LAW. 


APPROVED  FEBRUARY  28,  1854. 


Powers  to 
consolidate 
property 
and  stock. 


AN    ACT 

To  enable  railroad  companies  and  plank  road  companies  to  consolidate 

their  stock. 

SECTION  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  General  Assembly,  That  all  railroad  companies  and 
plank  road  companies  now  organized,  or  hereafter  to  be  organized, 
which  now  have  or  hereafter  may  have  their  termini  fixed  by  law, 
whenever  their  said  road  or  roads  intersect  by  continuous  lines,  be, 
and  the  same  are  hereby  authorized  and  empowered  to  consolidate 
their  property  and  stock  with  each  other,  and  to  consolidate  with 
companies  out  of  this  State,  whenever  their  lines  connect  with  the 
lines  of  such  companies  out  of  this  State. 

SEC.  2.   Such  consolidation  may  take  place  whenever  the  said 
companies  shall  respectively  agree  upon  the   terms  and  conditions 
of  the  same  ;  and  the  said  companies,  ivhen  so  consolidated,  shall  be 
authorized  to  agree  upon  the  name  or  names  of  such   consolidated 
Corporate     company  ;  and,  by  such  name  or  names,  the  said   consolidated  com- 
co*nsoii?iated pany  shall  be  a  body  corporate  and  politic,  shall  have  a  common 
?8ny'     seal  or  seals,  and  by  such  name  or  names  shall  be  respectively  con- 
tracted with,  and  make  contracts,  shall  sue  and  be  sued,  implead  and 


When  the 
consolida- 
tion shall 
take  place. 


RAILROAD  LAWS.  59 

be  impleaded  with,  and  shall  have  all  the  powers,  franchises  and  Powers  of 

'  r  .  .      the  consoli- 

iramunities  which  the  said  respective  companies  shall  have,  by  vir-  dated  com- 
tue  of  the  respective  charters,  before  such  consolidation,  passed  (pos- 
sessed) within  the  State  of  Illinois  :  Provided,  that  each  consolidated  Proviso. 
company  shall  file  for  record,  in  the  office  of  the  Secretary  of  State, 
a  copy  of  their  said  articles  of  consolidation,  evidenced  by  the  signa- 
ture of  the  presiding  officer  of  each  of  the  said  companies,  and  the 
corporate  seal  thereof. 

SEC.  3.   The  corporation  or  corporations,  formed  by  virtue  of  the  Power  to  in- 
provisions  of  this  act,  shall  have  power  to  increase  their  capital  stock  tafstock?P 
to  any  amount  required,  by  resolution  of  their  respective  BOARDS  OF 
DIRECTORS,  not  exceeding  the  amount  of  the  cost  of  the  roads  and 
works  constructed  and  equipped  by  them,  to  borrow  money,  and  fix  Power  to 

i          /•  «  i         -i  11  borrow  mo- 

the  rate  of  interest  therefor,  to  issue  bonds,  and  the  same  to  sell  at  ney,  to  fix 
such  price  as  they  may  deem  expedient,  such  sales  being  hereby  interest,   to 
authorized  and  confirmed,  and  to  make  any  other  contracts  author-  and  to  sell 
ized  by  the  by-laws  of  the  said  corporation  or  corporations,  within 
the  purview  of  their  said  charters. 

SEC.  4.   Such  corporation  or  corporations,  when  so  formed,  shall  Power  to 
have  the  same  power  to  consolidate  with  other  companies  when  consolldate- 
their  lines  connect,  upon  such  terms  as  may  bd  agreed  upon  by  them 
respectively. 

SEC.  5.   No  company  in  this  State  shall  be  authorized,  under  theTermini  to 
provisions  of  this  act,  to  consolidate  with  any  company  beyond  the  be  fixed- 
limits  of  the  State,  until  the  termini  of  such  company  in  this  State 
shall  first  have  been  fixed  by  the  laws  of  this  State  at  the  boundary 
line  thereof. 

SEC.  6.   This  act  shall  not  be  so  construed  as  to  authorize  any  plank  roada 


plank  road,  not  having  power  to  build  a  railroad,  to  consolidate  with  jj  dl  *°  conist(J1" 
any  railroad,  so  as  to  lay  a  railroad  upon  any  plank  road  track,  until  railroads. 
the  termini  of  such  railroad  shall  have  been  expressly  fixed  by  law  ; 
nor  shall  any  plank  road  so  consolidate  with  any  railroad,  unless 
authorized  by  law  to  lay  a  railroad  track. 

SEC.  7.   All  proceedings  for  the   purpose   of  consolidation,  asConsollda. 
above  provided,  shall  be  fixed  and  regulated  by  the  by-laws  of  the  ^0  p^g*0 
respective  companies  desiring  such  consolidation  :  Provided,  That^110}14  f  p" 
such  consolidation  shall  not  take  place  until  the  terms  of  such  con  .m;uorit/  jn 

~  interest  of 

solidation  shall  have  been  approved  by  a  majority  of  the  stockholders  8tocknold- 
in  interest,  in  person  or  by  proxy,  at  an  annual  or  called  meeting, 


60  RAILROAD  LAWS. 

of  which  due  notice  shall  be  given,  by  publication  or  in  writing, 
to  all  stockholders  interested,  or  the  same  be  approved  by  the 
written  consent  of  a  majority  of  the  stockholders  in  interest,  filed  in 
the  office  of  their  company. 

Railroad  SEC.  8.  When  it  shall  be  necessary  for  the  construction  of  any 
railroad  to  cross  the  track  of  any  other  railroad,  stream  of  water, 
water-course,  road  or  highway,  which  it  may  intersect  or  cross,  by 
reason  of  such  extension  into  or  through  any  adjoining  State,  or  by 
reason  of  its  consolidation  with  any  other  road  or  roads,  company 
or  companies,  as  provided  in  this  act,  it  shall  be  lawful  for  said 
company  to  construct  their  road  across  or  over  the  same,  by  such 
track  or  tracks,  bridge  or  bridges,  viaduct  or  viaducts,  as  may  be 
necessary  to  the  convenience  of  the  extension  or  consolidation  of 

Proviso.  said  road :  Provided,  said  company  shall  restore  the  railroad,  stream 
of  water,  water-course,  road  or  highway  thus  intersected  or  crossed, 
to  its  former  state,  or  in  a  sufficient  manner  not  materially  to  inter- 
fere with  its  usefulness. 

SBC.  9.   This  act  shall  take  effect  from  and  after  its  passage. 
APPROVED  February  28th,  1854. 


RAILKOAD   LAWS. 


61 


ADDITIONAL  RAILROAD  LAW. 


APPROVED  MARCH  1,  1854. 


AN  ACT 

To  facilitate   the  Construction  of  Railroads. 

SECTION  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois, 
represented  in  the  General  Assembly  :  That  any  city  or  county  in 
this  State,  which,  under  the  provisions  of  an  act,  entitled  "  An  act 
supplemental  to  an  act  entitled  "  An  act  to  provide  for  a  general 
system  of  railroad  incorporations]  "  approved  November  5th",  1849, 
has  heretofore  subscribed,  or  may  hereafter  subscribe  for  stock  in 
any  railroad  company,  payable  in  the  bonds  of  said  city  or  county, 
it  shall  be  lawful  for  the  city  council  of  such  city,  or  the  judges  of 
such  county,  and  they  are  hereby  authorized  and  empowered  to 
issue  and  deliver  to  such  railroad  company,  the  whole  or  any 
portion  of  the  bonds  of  such  city  or  county,  payable  on  such  sub- 
scription, at  any  time  hereafter  when,  in  their  opinion,  the  interests 
of  such  city  or  county  will  be  promoted  thereby,  whether  the  assess- 
ments upon  the  stockholders  of  said  company  have  been  regularly 
assessed  and  made  payabte  or  not. 

SEC.  2.  This  act  shall  take  effect  and  be  in  force  from  and  after 
its  passage. 

APPROVED  March  1st,  1854. 


of 


be 


62  RAILROAD  LAWS. 


ADDITIONAL  RAILROAD  LAW. 


APPROVED  FEBRUARY  12,  1855. 


An  Act  to  enable  Railroad  Companies  to  enter  into  operative  contracts 
and  to  borrow  money. 

Power  to  SECTION  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois, 
tracts.00  "  represented  in  the  General  Assembly:  That  all  railroad  companies 
incorporated  or  organized  under,  or  which  may  be  incorporated  or 
organized  under  the  authority  of  the  laws  of  this  State,  shall  have 
po\vor  to  make  such  contracts  and  arrangements  with  each  other, 
and  with  railroad  corporations  of  other  States,  for  leasing  or  running 
their  roads,  or  any  part  thereof,  and  also  to  contract  for  and  hold  in 
fee  simple  or  otherwise,  lands  or  buildings,  in  this  or  other  States  for 
depot  purposes ;  and  also  to  purchase  and  hold  such  personal  pro- 
perty as  shall  be  necessary  and  convenient  for  carrying  into  effect 
the  object  of  this  act. 

Eight  to          SEC.  2.   All   railroad  companies   incorporated  or   organized,  or 
ect<       which  may  be  incorporated  or  organized  as  aforesaid,  shall  have  the 
right  of  connecting  with  each  other,  and  with  the  railroads  of  other 
States,  on  such  terms  as  shall  be  mutually  agreed  upon  by  the  com- 
panies interested  in  such  connections. 

Power- to         SEC.  3.   Every  railroad  incorporated  or  organized,  or  which  may 
borrow  mo-  hereafter  ^e  incorporated  or  organized  under  the  authority  of  the 
laws  of  this  State,  shall  have  power  to  borrow  such  sums  of  money 
from  time  to  time  as  may,  in  the  opinion  of  the  directors,  or  a 
majority  of  them,   be   necessary  for   constructing,  completing   or 
operating  their  railroad,  or  for  aidingin  the  construction  or  opera- 
ting any  connecting  railroad,  whether  within  or  without  this  State ; 
May  issue    and  may  issue  and  dispose  of  their  bonds  or  obligations  for  any 

bonds.  ' 

amount  so  borrowed ;  and  may  mortgage  all  or  any  portion  of  their 
property  and  franchises,  to  secure  the  payment  of  any  debt  con- 


RAILROAD   LAWS.  63 

tracted   by   the   company   for    the   purpose   aforesaid ;    and   such 
company  may  sell  their  bonds  or  obligations,  either  within  or  with-  sell  bonds, 
out  the  State,  at  such  rates  and  prices  as   the  directors  of  the 
company,  or  a  majouty  of  them,  may  sanction  and  determine;  and 
said  sales  shall  be  as  valid  and  obligatory  upon  the  company  for  the 
full  amount  of  the  bonds  or  obligations  sold,  as  if  such  bonds  or 
obligations  were  sold  at  par  value;  and  all  such  bonds  or  obligations 
may  be  made  convertible  into  stock,  at  such  times  and  upon  such 
terms  as  the  directors  may  determine. 
APPROVED  February  12,  1855. 


To  amend  an  act  entitled  "  An  act  to  provide  for  a  general  system  of 
railroad  incorporations"  approved  November  5th,  1849. 

SECTION  1.    Be  it  enacted  by  the  people  of  the  State  of  Illinois,  Act  of  No. 
represented  in  the  General  Assembly  :  That  the  fourteenth  section  of  il^^m^n- 
an  act  entitled  "An  act  to  provide  for  a  general  system  of  railroad  ded- 
incorporations,"  approved  November  5th,  1849,  shall  be  amended 
by  adding  the  following  provision  thereto,   viz :   "  Provided,  that 
none  of  the  provision  of  this  section  shall  hereafter  be  applicable  to 
such  railroad  companies  as  have  organized  under  this  law,  until  the 
same  provisions  shall  be  applied  to  the  Central  Railroad  Company, 
and  to  all  other  railroad  companies  incorporated  under  this  act." 

SEC.  2.   This  act  to  take  effect  and  be  in  force  from  and  after  its 
passage. 

APPROVED  February  13,  1857. 


LAW  RELATIVE  TO  RIGHT  OF  WAY. 


AN    ACT 

To  amend  the  law  condemning  the  right  of  way  for  purposes  of 
internal  improvement. 

Petition  to       SECTION  1.   Be  it  enacted  by  the  People  of  the  State  of  Illinois, 

be  filed 

represented  in  the  General  Assembly,  That  when  any  public  road, 
railroad,  plank  road,  turnpike  road,  canal,  or  other  public  work,  shall 
have  been  located  by  any  officer  or  agent  of  the  State,  or  of  any 
county,  or  any  person,  or  corporation  vested  with  power  to  take  and 
apply  private  property  in  the  construction  or  use  of  such  road,  canal, 
or  other  work,  or  for  any  purpose  connected  with  the  same,  such  as 
constructing  bridges,  dams,  locks,  embankments,  excavations,  spoil- 
banks,  turn  outs,  depots,  engine-houses,  shops,  turn  tables,  boat- 
yards, wharfs,  or  docks,  and  the  right  or  title  to  property  required 
for  any  such  uses  or  purposes  cannot  be  obtained  by  purchase,  a 
petition  shall  be  filed  in  the  clerk's  office  of  the  circuit  court  of  each 
county  through  which  the  location  aforesaid  is  made,  setting  forth 
by  reference  the  authority  to  construct  the  work  and  the' right  to 
take  and  apply  private  property,  and  if  the  right  of  way  only  is 
desired,  describing  by  its  numbers,  or  other  appropriate  description, 
each  lot  or  parcel  of  land  over  or  across  which  such  right  is  desired  ; 
or  if  property  is  required  for  all  or  any  of  the  other  purposes  herein 
specified,  stating  such  purpose,  and  describing  the  property  so 
required ;  and  in  either  or  both  cases,  stating  the  names  of  all  per- 
sons interested  as  owners  or  otherwise,  in  the  property  to  be  affected, 
if  known,  or  if  not  known,  stating  that  fact,  and  requesting  such 
compensa-  court  to  cause  to  be  ascertained  the  compensation  to  be  made  to 
ascertained.  eacn  owner  of,  or  person  interested  in,  property  required  as  afore- 
said, and  upon  payment  thereof,  to  require  a  conveyance  or  release 
of  the  same,  or  that  by  an  order  or  orders  of  court,  the  right  and 
titled  be  invested  in  the  State,  county,  corporation,  or  other  person 


RAILROAD   LAWS.  65 

in  whose  name  or  behalf  the  petition  is  filed,  to  be  applied  and  used 
for  the  purposes  stated  in  the  petition. 

SEC.  2.   Upon  the  filing  of  the  petition  aforesaid,  and  giving  the  Application 
persons  interested  in  the  property  required,  reasonable  notice  thereof,  j£mS5sBion- 
and  of  the  time  and  place  of  making  the  application  herein  pro- ers- 
vided  for,  the  petitioner  in  person,  or  by  attorney,  may  apply  to  the 
judge  of  said  court,  or  to  the  judge  of  the  county  court,  or  either  of 
the  associate  justices  of  the  last  named  court,  to  appoint  commis-      * 
sioners  to  fix  the  compensation  to  be  made  to  the  parties  interested 
as  aforesaid,  for  the  right  of  way  over  or  across  land,  and  for  land 
acquired  for  any  of  the  other  purposes  herein  expressed,  as  well  as 
to   assess  the  damages  which  may  result   from  the   construction 
and  use  of  the  road,  canal,  or  other  contemplated   work ;   upon  the 
hearing  of  which  application,  and  each  of  the  parties  notified  as 
aforesaid,  as  well  as  those  not  notified,  who  may  appear,  the  said 
judge,  or  associate  justices,  shall  select  and  appoint  three  disinter-  Three  com. 
ested  freeholders  of  the  county,  commissioners,  to  fix  compensation  ^b^p1-8 
and  assess  damages,  according  to  the  prayer  of  the  petition ;  and,  P°lnted- 
also,  to  fix  the  time  and  place  of  their  first  meeting  :  And  upon 
notice  given  as  aforesaid,  from  time  to  time,  or  the  appearance  of 
parties  without  notice,  the  same  or  other  commissioners  shall  be 
appointed  to  act  with  reference  to  parties,  as  they  are  notified,  or 
appear  as  aforesaid,  until  action  shall  be  had  with  reference  to  all 
parties  and  matters  named  in  the  petition  :  Provided,  That  reason- 
able notice  of  the  time  and  place  of  making  applications   for   the  Notice  to  be 
appointment  of  commissioners,   shall  be  five  days,  and  one  day  in  glven- 
addition  for  every  twenty  miles  travel  from  the  residence  of  the 
party  to  the  place  of  making  application. 

SEC.  3.  Notices  of  the  filing  petitions  and  making  applications  Notice,  how 
for  the  appointment  of  commissioners,  in  respect  to  lands  owned  in  to  be served- 
whole  or  in  part  by  infants,  shall  be  served  on  the  guardian  ;  or  if 
they  have  no  guardian,  on  the  infants  and  persons  with  whom  they 
reside  :  'And  with  respect  to  lands  owned  as  aforesaid,  by  idiots, 
lunatics,  or  distracted  persons,  on  the  conservator,  if  they  have  any  ; 
if  not,  then  on  the  person  under  whose  care  or  charge  they  may  be 
found  :  And  with  respect  to  lands  owned  by  femmes  covert,  on  the 
husbands,  as  well  as  the  owner  :  And  notices  to  non-residents  of  the 
county,  and  persons  whose  names  are  unknown,  shall  be  published 
in  some  public  newspaper,  published  in  the  county,  if  any,  or  if  not, 


66  RAILROAD   LAWS. 

in  the  nearest  paper  to  such  county,  for  three  weeks  in  succession, 

before  the  day  of  making  the  application  aforesaid  :  And  notices  so 

served  or  published,  shall  be  sufficient  to  authorize  the  appointment 

and  action  of  the  commissioners  as  herein  provided  for  :   Provided, 

If  such  railroad,  or  other  public  work  shall  be  located  on  land,  the 

Eight  of     property  of  the  State,  the  right  of  way,  not  exceeding  one  hundred 

ed.  feet  in  width,  is  hereby  granted  to  such  company,  corporation  or 

individual. 

when  com-     SEC.  4.   Commissioners  may  be  appointed  in  term  time  by  the 
may' "befap-  circuit  court,  or  in  vacation,  by  the  judges  or  justices  aforesaid,  upon 
Eow.ted' and  ^he  service  or  publication  of  notice  being  proved  by  affidavits,  to  be 
filed  and  constitute  a  part  of  the  record  of  the  proceedings :    Upon 
applications  for  appointment  in  vacation,  copies  of  the  petition,  filed 
as  aforesaid,  shall  be  used,  and  the  order  of  the  judge  or  justices 
shall  be  indorsed  thereon,  and  the  same  delivered  to  the  commis- 
sioners, to  guide  them  in  their  action,  and  show  the  extent  of  their 
authority. 

Commis-  ^Ec<  *•*•  Commissioners  appointed  as  aforesaid  shall  be  sworn 
sioners  to  be  before  some  officer  having  power  to  administer  oaths,  "  to  faithfully 
and  impartially  execute  the  duties  required  of  them,  according  to 
their  best  judgment  and  understanding,  and  to  make  all  their  esti- 
mates and  assessments  according  to  law."  And  upon  being  sworn 
as  aforesaid,  they  shall  meet  at  the  time  and  place  fixed  by  the 
court,  or  judge,  or  justices  aforesaid,  and  proceed  without  delay, 
upon  view  and  inspection  of  the  premises,  as  well  as  upon  hearing 
the  allegations  and  testimony  of  the  parties  interested,  to  fix  the 
compensation  to  be  made  to  each  party  or  owner  of  lands  to  be 
taken  and  used  as  the  way  on  which  the  road,  canal  or  other  work, 
shall  be  constructed  and  pass ;  also,  for  lands  taken  and  used  for 
any  of  the  other  purposes  specified  in  this  act ;  and  also  estimate 
Shall  assess8^  assess  the  damages  sustained  by  any  person  or  persons,  by 
damages.  reason  of  the  construction  and  use  of  the  work  specified  in  the  peti- 
tion, taking  into  consideration  and  estimating  the  benefits  and 
advantages  to  the  parties  resulting  from  the  construction  and  use  of 
the  road,  canal,  or  other  improvement :  Provided,  The  said  com- 
missioners shall  not  estimate  any  benefits  or  advantages  which  may 
accrue  to  lands  affected  in  common  with  adjoining  lands,  on  which 
such  road,  or  canal,  or  other  work,  does  not  pass. 

SEC.  6.   The  commissioners   shall,  from  time  to  time,  as  they 


RAILROAD   LAWS.  67 

make  decisions  with  reference  to  lands  embraced  in  their  appoint-  8hall   make 

ment,  make  reports  in  writing,  stating,  separately,  the  compensation  ^l^n  re" 

to  be  paid  for  the  right  of  way  over  or  upon  each  lot  of  land ; 

the  compensation  to  be  paid  for  each  lot  of  land  required  for  any 

other  purpose  ;  and  the  damage  allowed  to  each  owner  or  party, 

by  reason  of  the   construction    and  use  of  the  improvement  and 

work  as  aforesaid  ;  a  copy  of  each  report  so  made,  shall  be  delivered 

to  each  of  the  parties  interested,  if  requested,  and  the  original,  with 

a  copy  of  the  order  of  appointment,  shall  be  filed  with  the  clerk  of 

the  court  in  which  the  proceeding  is  had. 

SEC.  1.  Upon  the  making  and  filing  any  report  as  aforesaid,  any  Appeai  may 
party  interested  may  appeal  from  the  decision  of  the  commissioners  be  taken' 
to  the  circuit  court,  as  hereinafter  provided ;  but  if  no  appeal  is 
taken,  the  decisions,  estimates,  and  assessments,  as  reported,  shall  be 
conclusive  upon  the  parties;  and  the  right  and  title  of  that  part  of 
each  lot  or  parcel  of  land,  required  as  aforesaid,  in  respect  to  which 
no  compensation  is  allowed  or  damages  assessed,  shall  vest  in  the 
State,  connty,  corporation  or  person,  in  whose  behalf  the  proceeding 
is  had,  with  the  right  to  enter  upon,  and  use,  and  apply  the  same, 
according  to  the  prayer  of  the  petition  and  right  of  the  case; 
and  the  right  and  title  to  that  part  of  each  tract  of  land  required,  in 
respect  to  which  compensation  and  damages,  so  fixed  or  assessed, 
with  the  right  to  enter  upon,  and  use,  and  apply  the  same,  for  the 
purposes  stated  in  the  petition. 

SEC.  8.  Payments  of  compensation  and  damages  estimated  and  compensa- 
assessed  as  aforesaid  may  be  made,  first,  to  parties  laboring  under  no  be^n 
disability,  who  are  entitled  to  the  land;  second,  to  guardians  of 
infants,  husbands  or  trustees  of  femm.es  covert ;  third,  to  conserva- 
tors of  insane  persons  ;  and  a  receipt  for  such  payments  shall  oper- 
ate as  a  confirmation  of  the  action  of  the  commissioners,  and  shall 
stop  the  parties  in  interest  from  all  further  claims  or  proceedings  in 
the  premises  :  Payments  to  parties  residing  in  the  State,  but  not  in 
the  county,  including  infants  who  have  no  guardian,  and  insane  per- 
sons who  have  no  conservator,  shall  be  made  by  depositing  the 
money  with  the  clerk  of  the  court  in  which  the  proceeding  is  had  ; 
and  payments  to  parties  residing  out  of  the  State,  and  persons  whose 
names  are  unknown,  shall  be  made  by  depositing  the  money  in  the 
treasury  of  the  proper  county  where  the  land  lies  ;  and  the  receipt 
of  parties  entitled  to  money  deposited  as  aforesaid,  shall  operate  in 
5 


68  RAILROAD   LAWS. 

like  manner  as  receipts  for  money  paid  to  parties  as  herein  provided  : 
Provided,  That  if  any  person  shall  refuse  to  receive  money  when 
tendered,  payment  may,  in  such  case,  be  made  by  depositing  the 
amount  in  the  county  treasury  aforesaid. 

Appeaibond  SEC.  9.  Parties  desiring  to  appeal  from  decisions,  estimates,  and 
assessments,  or  either,  of  commissioners,  shall,  within  ten  days  after 
being  notified  of  the  filing  of  the  report  with  the  clerk,  execute  and 
file  an  appeal  bond  with  said  clerk,  payable  to  the  people  of  the 
State,  for  the  use  of  all  parties  interested  in  the  condition  :  in  which 
bond  the  action  or  proceeding  appealed  from  shall  be  recited,  with 
conditions,  in  case  the  appeal  is  taken  in  behalf  of  the  petitioner, 
for  the  due  and  speedy  prosecution  of  the  appeal,  and  that  he  or 
they  will  pay  whatever  may  be  required  by  any  decision,  order  or 
judgment  of  the  court,  and  comply  with  and  conform  to  such  decis- 
ion, order  or  judgment ;  and  in  case  the  appeal  is  taken  by  any  other 
party,  with  condition  that  the  appeal  shall  be  prosecuted  without 
delay  ;  and  in  case  the  decision,  estimate,  or  assessment,  as  the  case 
may  be,  shall  be  affirmed  or  not  increased,  that  the  appellant  will 
pay  the  costs  of  the  appeal,  and  of  the  subsequent  proceedings 
therein,  if  adjudged  so  to  do  by  the  court ;  a  bond  executed  and  filed 
by  responsible  securities,  without  the  name  or  signature  of  the  party 
appealing,  shall  be  obligatory  and  sufficient ;  and  it  shall  not  be 
necessary  to  insert  any  penalty  in  any  such  bond,  but  the  party  or 
parties  executing  the  same  shall  be  liable,  upon  the  breach,  to  pay 
the  full  amount  which  any  party  interested  in  the  condition,  is,  or 
may  be,  entitled  to  in  the  premises. 

Who  may        ^EC-  ^'   Appeals  may  be  taken  and  prosecuted  by  husbands  or 

take  appeal  trustees  of  femmes  covert,  guardians  of  infants,  and  conservators  of 

insane  persons ;  and  in  cases  where  infants  have  no  guardian,  and 

insane  persons  no  conservator,  appeals  may  be  taken  by  the  friends 

of  such  parties. 

HOW  notice  SEC.  11.  Notices  to  parties  of  the  filing  reports  of  commissioners 
given.6  flv"  shall  be  given  as  is  required  in  respect  to  applications  for  the  appoint- 
ment of  commissioners  ;  and  notices  of  appeals  shall  be  given  by  the 
service  of  summons,  as  in  cases  of  appeal  from  judgment  of  justices 
of  the  peace  :  Provided,  That  non-residents  of  the  State,  and  persons 
whose  names  are  unknown,  may  be  notified  by  publishing  notice  as 
is  required  in  respect  to  proceedings  in  chancery  against  non-resi- 
dents. 


RAILROAD    LAWS.  69 

SEC.  12.   The  entering  upon,  taking  possession  of,  and   applying  Property 

•  i  •  i  •  -L  i      n>&y  be  en~ 

property,  with  reference  to  which  commissioners  have  reported  astered  upon, 

aforesaid,  shall  not  be  hindered,  prevented,  or  delayed,  by  the  pros  appeal6"  ' 
edition  of  any  appeal,  provided  the  corporation,  or  person  interested 
in  the  work,  or  any  responsible  person  in  their  behalf,  will  execute 
and  file  a  bond  with  the  clerk  of  the  court  in  which  the  appeal  is 
pending,  binding  the  persons  executing  the  same,  to  pay  whatever 
amount  may  be  required  by  the  order  or  judgment  of  the  court  in 
said  appeal  cause ;  and  also  comply  with,  or  conform  to,  any  rule  or 
order  that  the  court  may  make  in  relation  to  the  matter  in  contro- 
versy. 

SEC.  13.    Appeals  prosecuted  under  the  provisions  of  this  act,  Appeals  to 
shall  be  docketed  by  the  clerk  after  the  people's  causes,  and  shall  be 
tried  without  delay,  as  soon  as  reached  on  the  docket,  unless  con- 
tinued for  good  cause,  or  by  consent. 

SEC.  14.  Appeals  shall  bring  before  the  court  the  questions  Appeal  ease 
decided  or  reported  on  by  the  commissioners  in  respect  to  the  par-^^y^n,"" 
ties  to  the  appeal ;  and  unless  the  parties  otherwise  agree,  the  said 
questions  shall  be  submitted  to  and  tried  by  a  jury,  as  other  appeal 
cases :  the  jury  to  swear  "well  and  truly  to  try  the  cause,  and  in 
fixing  compensation,  or  assessing  damages,  they  will  be  governed  by 
the  provisions  of  the  law  under  which  the  trial  is  had ;"  the  jury 
shall  find  and  state  the  amount,  if  any  thing,  which  shall  be  paid  as 
compensation  for  right  of  way :  the  amount,  if  anything,  to  be  paid 
for  lands  required  for  any  other  purpose,  and  the  amount,  if  any- 
thing, assessed  or  allowed  as  damages  ;  making  the  verdict  conform 
to  the  questions  and  facts  in  the  case.  Verdicts  may  be  rendered  in 
writing,  or  stated  orally  in  the  court ;  and  the  court  shall  in  all  cases 
require  the  verdict  to  be  recorded  in  such  form  as  to  express  truly 
and  fully  the  finding  of  the  jury. 

SEC.  15.   Upon  verdicts  rendered  by  juries,  judgments  shall  bejudgment 
entered,    declaring   that  upon   the   payment  of  compensation  and  ^ be  enter" 
damages,  or  either,  as  the  case  may  be,  that  the  right  and  title  to 
the  same,  for  which  the  compensation  is  to  be  made,  or  on  account 
of  which  damages  are  allowed,  shall  vest  in  the  State,  county,  cor- 
poration, or  person,  petitioning  as  aforesaid,  with  the  right  to  enter 
upon,  use  and  apply  the  same  for  the  purposes  stated  in  the  petition ; 
or,  if  the  verdict  is,  that  no  compensation  shall  be  made  in  money, 
or  damages  be  allowed  in  the  premises,  the  like  judgment  shall  be 


70  RAILROAD   LAWS. 

entered ;  and  verdicts  and  judgments  entered  as  aforesaid,  shall  be 
final  and  conclusive  between  the  parties. 

HOW  pay-        SEC.  16.    Payments  of  judgments  entered  upon  verdicts  may  be 

made.  °    *  made,  and  to  have  like  force  and  effect,  as  provided  for  in  section 

eighth  hereof,  or  payments  may  be  made  in  reference  to  either  party. 

Amend-  SEC.  17.   In  appeal  cases,  courts  shall  permit  amendments  to 

mitted.        papers,  records,  bonds,  and  the  execution  of  new  bonds,  whenever 

necessary  to  a  fair  trial  and  final  determination  of  the  questions 

involved ;  courts  shall  also  have  power  to  make  any  and  all  rules 

and  orders  necessary  to  notify  parties  of  the  proceedings,  and  to 

issue  all  process  necessary  to  the  execution  of  orders  and  judgments, 

as  they  may  be  entered. 

costs,  how  SEC.  18.  The  costs  of  all  proceedings  under  this  act,  except  such 
as  arise  or  grow  out  of  appeals,  shall  be  paid  by  the  petitioners,  and 
costs  of  appeals  shall  be  paid  as  the  court  may  direct;  any  two  of 
the  three  commissioners  may  act  and  execute  any  or  all  of  the  duties 
required ;  they  shall  have  power  to  swear  or  affirm  witnesses  who 
may  be  brought  before  them ;  also,  to  issue  summons  for  witnesses, 
and  by  compulsory  process  compel  their  attendance;  they  shall  also 
have  power  to  adjourn  from  day  to  day,  or  from  one  clay  to  any 
succeeding  day,  not  exceeding  five,  until  they  shall  have  determined 
and  reported  upon  all  the  cases  embraced  in  their  appointment ; 
and  two  dollars  per  day  shall  be  paid  to  each  for  his  services. 
TO  whom  SEC.  19.  All  corporations  heretofore  created  by  special  charter 
available.18  of  incorporation  or  under  the  general  law,  when  their  termini  have 
been  fixed  by  the  Legislature,  and  none  others,  may  avail  them-, 
selves  of  this  act. 

Estimates         SEC.  ^0.    Estimates  of  compensation,  and  assessments  of  damages, 
made*0  be  under  the  provisions  of  this  act,  shall  be  made  with  reference  to  the 
land  or  property  affected,  and  payable  to  the  real  person  entitled  to 
the  same,  whether  a  party  to  the  proceeding  or  not. 

SEC.  21.   This  act  shall  take  effect  and  be  in  force  from  and  after 

its  passage. 

SIDNEY  BKEESE, 

Speaker  of  the  House  of  Representatives. 
WM.  M'MUKTEY, 

Speaker  of  the  Senite. 
APPROVED  June  22,  1852. 

AUGUSTUS  C.  FEENCH. 


RAILROAD    LAWS.  71 

UNITED  STATES  OF  AMEKICA,  I  c< 

t     *^^» 

STATE  OF  ILLIKOIS. 

I,  DAVID  L.  GREGG,  Secretary  of  State,  of  the  said  State  of  Illinois,  do 
hereby  certify,  that  the  foregoing  is  a  true  copy  of  the  enrolled  law  now 
on  file  in  my  office. 

In  testimony  whereof,  I  have  hereunto  set  my  hand,  and  affixed  the 
great  seal  of  State,  at  Springfield,  this  twenty-second  day  of  June, 
[L.  s.]  A.  I).  1852. 

DAVID  L.  GKEGG,  Secretary  of  State. 


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